Objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable (Article 177 of the Criminal Code of the Russian Federation)

2020 ◽  
pp. 327-347
Author(s):  
Sergey Kartashov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Liability ◽  
Criminal Code ◽  
Essential Elements ◽  
Direct Object ◽  
Accounts Payable ◽  
The Russian Federation ◽  
Points Of View ◽  
Objective Side

We consider objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable. We emphasize that at the present time there is a polemic among scientists regarding the di-rect object of this crime and its subject, and there are also evaluative elements that characterize the objective side of this crime. Therefore, based on the analysis of Article 177 of the Criminal Code of the Russian Federation and doctrinal points of view, we conclude that it should highlight the main direct object – economic relations associated with lending and an additional direct object – social relations associated with the sphere of justice. The subject of this crime will be money and securities, but not accounts payable. Thus in relation to the funds, the debtor is indebted in an amount exceeding two million two hundred fifty thousand rubles, while in relation to the securities the debt by the legislator in Article 177 of the Criminal Code is not specified. Regarding the elements of the objective side of the crime composition under consideration, we note that it is characterized as malicious evasion from satisfaction of accounts payable on a large scale or from redemption of securities after the entry into force of the relevant judicial act. Taking into account judicial practice and doctrinal points of view, we conclude that in order to uniformly interpret and apply Article 177 of the Criminal Code of the Russian Federation, it is necessary to replace the word “maliciousness” with “intentional non-payment”, or give an official interpretation of the category of “maliciousness”, but without emphasizing the practice that follows certain (individual) court sentences. For example, maliciousness can be understood as “deliberate non-payment by a person of a debt, when he can fulfill his financial obligations, after one warning from the bailiff-executor about criminal liability under Article 177 of the Criminal Code of the Russian Federation”.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals Legal Analysis of Fraud in the Banking Sphere

2021 ◽  
Vol 2 ◽  
pp. 80-85
Author(s):  
L.A. Petryakova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Banking Sector ◽  
Theoretical Calculations ◽  
General Rule ◽  
Criminal Code ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Objective Side

Based on the analysis of the more frequent cases of committing fraud in the banking sector, the features of the criminal-legal characteristics of the offenses provided for by Art. 159.1 and 159.3 of the Criminal Code of the Russian Federation. It was established that Articles 159.1 and 159.3 of the Criminal Code of the Russian Federation by virtue of Part 3 of Art. 17 of the Criminal Code of the Russian Federation are special in relation to the general rule providing for liability for fraud in general, and therefore they most fully disclose by the legislator the specific and characteristic features of social relations in the banking sector, which are subject to criminal law protection. Attention is focused on those signs, the definition of which is more difficult in law enforcement. Particular attention is paid to the analysis of the direct object of fraud in the banking sector, the disclosure of the content of its objective side, including the method of committing the crime. The subjective signs of fraud in the banking sector are considered. Practical examples of bringing the perpetrators to justice for banking fraud are demonstrated. Based on the results of the study, the author of the work comes to the conclusion that it is necessary to improve legislation in this area, to strengthen the explanatory and law enforcement activities of the relevant subjects of legal relations. In addition, the analysis of judicial practice given by the author in the study emphasizes its controversial nature. In other words, the author supports the theoretical calculations with an analysis of practical features.

scholarly journals Features of the qualification of insult to an employee of the FPS of Russia as a representative of authorities

2021 ◽  
Vol 225 (2) ◽  
pp. 46-51
Author(s):  
K.A. SHILOV ◽  
Keyword(s):  
Key Words ◽  
Russian Federation ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Objective Side

Abstract. The article analyzes the scientific literature, judicial practice on the specific characteristics of qualifying an insult to an employee of the FPS of Russia as a representative of the authorities. Proposals and additions to the Criminal Code of the Russian Federation are formulated. Key words: qualifications, criminal liability, insult, employee of the FPS of Russia, a sign of publicity, the objective side of the insult.

scholarly journals Actual Problems of Exemption from Criminal Liability for Tax Crimes in Connection with Compensation for Caused Damage

2017 ◽  
Vol 4 (4) ◽  
pp. 135-142
Author(s):  
E V Barkalova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Russian Federation ◽  
Points Of View

In this article are analyzed the problems of determination of the amount of damage caused by commission of tax crimes. The author delineates the concepts of «damage» as the circumstance to be proved, in cases of commission of tax crimes and as a part of the grounds for exemption from criminal liability for commission of tax crimes under the art.76.1 of the Criminal Code of the Russian Federation and art. 28.1 of the Code of Criminal Procedure of the Russian Federation. Various scientific points of view and judicial-investigative practice on application of the mentioned above grounds for exemption from criminal liability are considered.

QUALIFYING SIGNS GENERAL CHARACTERISTIC AND THEIR IMPORTANCE IN CORPUS DELICTI STRUCTURE PLANNING

2019 ◽  
pp. 66-75
Author(s):  
Mikhail Alekseyevich Avdeyev ◽  
Anastasiya Sergeyevna Shtrants
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
General Characteristic ◽  
Criminal Code ◽  
Controversial Issues ◽  
Dual Nature ◽  
The Russian Federation ◽  
The One ◽  
Objective Side

We consider qualifying signs of the crime as one of the forms of differentiation of criminal liability, reflecting the qualitative characteristics of the criminal act. Also we analyze the doctrinal approaches to the two most controversial issues of the theory of criminal law concerning the nature and content of qualifying signs: their correlation with the circumstances aggravating the punishment, as well as a constructive connection with the corpus delicti. We draw a conclusion that such qualifying signs as the criminal law category have a dual nature. On the one hand, they are comparable to the aggravating circumstances listed in article 63 of the Criminal Code of the Russian Federation, on the other hand, they are expressed in the norms of the Special part of the Criminal Code of the Russian Federation as constructive signs of corpus delicti the strengthening of the level of criminal repression in relation to the basic composition of the relevant crime. In particular it is a constructive connection with the corpus delicti expresses the most popular in the literature classification of qualifying signs of the circumstances relating to: the object and the objective side, the subject and the subjective side of corpus delicti. We propose interpretation of the concept of qualifying signs, which are indicated by the circumstances, which is a constructive element of the corpus delicti, which indicate increased relative to the basic corpus delicti of public danger of the act and the identity of the person committing the act.

scholarly journals Peculiarities of Criminal Liability for Manufacture, Storage, Transportation or Sale of Counterfeit Money or Securities: Domestic and Foreign Experience

2020 ◽  
pp. 048-059
Author(s):  
S. V. Kartashov ◽  
◽  
E. Yu. Kuzmenko ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Research ◽  
Distinctive Features ◽  
Judicial Practice ◽  
Foreign Countries ◽  
The Social ◽  
The Russian Federation ◽  
Objective Side

Emphasis is placed on the social conditionality of criminal liability for the manufacture, storage, transportation or sale of counterfeit money or securities. Attention is drawn to the features of the signs of elements (objective and subjective sides) of the corpus delicti, which form the act we are analyzing under the Criminal Code of the Russian Federation and a number of foreign Criminal Code in countries belonging to the Romano-Germanic (Germany, Denmark and Switzerland) and post-socialist legal families (Republic of Kyrgyzstan, Republic of Kazakhstan, Republic of Belarus, Turkmenistan, Republic of Azerbaijan, Ukraine, Republic of Latvia). The goal is to analyze the general and distinctive features that characterize the act in question through the prism of comparative legal research. The study concluded that there are differences in the technical and legal design of norms. Special attention is paid to the fact that in the current Russian criminal law, unlike the laws of some foreign countries, there are no such signs of the objective side of a crime as sending counterfeit money; import of counterfeit money from abroad; purchase of clichés, specialized paper, etc. for the production of items of corpus delicti. It is concluded that, according to judicial practice, these actions are qualified under Art. 186 of the Criminal Code of the Russian Federation, but at the same time, the domestic legislator needs to analyze the feasibility of reflecting in it such alternative qualifying signs of the objective side of this crime as: importing from abroad and sending counterfeit money or securities.

scholarly journals The Object and System of Medical Criminal Law

2019 ◽  
Vol 13 (5) ◽  
pp. 816-824
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Health Workers ◽  
Criminal Liability ◽  
Research Problem ◽  
Criminal Code ◽  
Wide Sense ◽  
The Russian Federation ◽  
Objective Side

The issues of criminal liability of health workers for physically harming a patient during medical treatment were studied by many researchers of the pre-revolutionary, Soviet and post-Soviet periods. In the current century these issues turned into a large-scale research problem giving rise to an enormous number of research publications, monographs and dissertations. The idea of making pharmaceutical criminal law a sub-branch of Russian criminal law has gained momentum and become subject of some research. However, this idea seems to be too narrow at present. The separation of pharmacology from medicine has historically taken a long time, it was connected with pragmatic considerations and had, to a great extent, an artificial character. In this connection, it is possible to use clauses of Art. 41 of the RF Constitution to raise the question of singling out an autonomous group of norms within Russian criminal legislation that together would form a sub-branch of medical (in the wide sense) criminal law. The object of crimes included in this sub-branch can be determined as the constitutional right of citizens to the protection of life and health and to qualified medical help and medical services. Their objective side is characterized by a gross violation of norms and prohibitions set in law and other normative legal acts that should be strictly observed by health professionals in the workplace. The basis of Russian medical law is Part 4 of Art. 122, Art. 124 and 238.1, its supplementary elements are Parts 2 of Art. 109 and 118, as well as Art. 235, 235.1, 238, 230.1 and 230.2 of the Criminal Code of the Russian Federation. Within the framework of the current Criminal Code of the Russian Federation the norms that form medical criminal law are singled out only theoretically. However, in the new edition of the Criminal Code, that should and will inevitably be prepared, these norms should form an independent structural unit as it has been done, for example, in the Criminal Codes of Kazakhstan, Kyrgyzstan and the People’s Republic of China.

scholarly journals CRIMINAL-LEGAL FEATURES OF THE QUALIFICATION OF VIOLATIONS OF THE RULES OF OPERATION OF MEANS OF STORAGE, PROCESSING OR TRANSMISSION OF COMPUTER INFORMATION AND INFORMATION AND TELECOMMUNICATIONS NETWORKS (ARTICLE 274 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (3) ◽  
pp. 489-496
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Scientific Literature ◽  
Criminal Code ◽  
Telecommunications Networks ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View ◽  
Objective Side ◽  
Subjective Side

The article deals with the issues of qualification of violations of the rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks (Article 274 of the Criminal Code of the Russian Federation). The objective and subjective features of this corpus delicti are revealed. Special attention is paid to the problem of determining the subject of violation of the rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks. The question of the objective side of the Article 274 of the Criminal Code of the Russian Federation is considered, in particular, the rules of means of storage, processing and transmission of computer information are defined, as which the rules should be considered, both contained in regulatory legal acts and in local documents of organizations, enterprises, institutions. The author analyzes the signs of the subjective side of the violation of the rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks, which cause a lot of controversy in the scientific literature. Different points of view regarding the subject of the crime, which can be a physical sane person who has reached the age of 16, are also considered.

scholarly journals PUBLIC INCITEMENT TO TERRORIST ACTIVITY, PUBLIC JUSTIFICATION OF TERRORISM OR ADVOCACY OF TERRORISM: PECULIARITIES OF THE SUBJECT AND THE OBJECTIVE SIDE OF THE CRIME

2020 ◽  
pp. 3-8
Author(s):  
I.A. Anisimova
Keyword(s):  
Russian Federation ◽  
Side Information ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Justification ◽  
Terrorist Activity ◽  
Scientific Principles ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side

The article is devoted to the problems of the criminal liability for crimes covered by article 205.2 of theCriminal Code of the Russian Federation. Based on the analysis of legislation and scientific principles theauthor gives a refined description of the most controversial elements of crimes covered by article 205.2 of theCriminal Code of the Russian Federation. They are a subject and an objective side. Information containingincitement to terrorist activity, justifying or promoting terrorism is considered as the subject of crimes under article 205.2 of the Criminal Code of the Russian Federation. The article offers recommendationsfor interpretation of the signs of the subject and the objective side of the crime under article 205.2 of theCriminal Code of the Russian Federation and qualification of these crimes.

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