On the compliance of the provisions of Article 185.4 of the Criminal Code of the Russian Federation with the laws of corporate governance

2020 ◽  
pp. 503-514
Author(s):  
Nikolay Ryzhenkov
Keyword(s):  
Corporate Governance ◽  
Stock Market ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Systematic Analysis ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Design And Application

Raiding, along with corruption, has long been one of the most pressing problems for domestic business. For incomprehensible reasons, in contrast to the corruption crimes, which received due attention from the legislator and legal scholars, crimes committed in the stock market, after their reckless introduction, have been deprived of attention for almost a decade. At the same time, the most dangerous methods of raider seizures currently do not fall under criminal law prohibitions at all, and the existing prohibitions, in turn, have such a low legal potential that leaving this problem without atten-tion raises serious concerns. We consider the design and application of Article 185.4 of the Criminal Code of the Russian Federation – Obstruction or illegal restriction of the rights of securities holders, intended to become the “flagship” of anti-raiding legislation. Through a systematic analysis of the prescriptions of the criminal law and a few judicial practice, we identify the low quality of criminal law prohibitions included in Article 185.4 of the Criminal Code of the Russian Federation, we establish and substantiate the impossibility of causing damage in the required amount, we prove the lack of practical need for the relevant norm, we formulate a proposal for its exclusion from the text of the criminal law in full.

About the Thefts Provided by item «g» of Part 3 of Article 158, Articles 1593, 1596 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 86-98
Author(s):  
E. V. Peysikova ◽  
◽  
Yu. I. Antonov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

The article is devoted to the analysis of judicial practice in cases of the thefts provided by item «g» of part 3 of article 158 and articles 1593 and 1596 of the Criminal Code of the Russian Federation. The article notes the challenges in applying these rules in practice; demonstrates their restrictive features with regards to the doctrine of Criminal law. The article is written for the purpose of uniform application of these norms in practice after entry into force of the Federal Law of 23 April 2018, № 111-FZ.

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER (ARTICLE 106 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (4) ◽  
pp. 639-646
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sociological Study ◽  
Distinctive Features ◽  
Judicial Practice ◽  
Newborn Child ◽  
The Russian Federation ◽  
Legislative Structure ◽  
Criminal Legislation

This article examines the features of the Russian criminal law norm that provides for liability for the murder of a newborn child by a mother. We analyzed the data of the Judicial Department on the statistics of convicts for 2016 and 2019 under Article 106 of the Criminal Code of the Russian Federation in relation to the indicators of other privileged elements of murder, indicating the latency of this type of crime. The article also examines some features of the legislative structure of Article 106 of the Criminal Code of the Russian Federation, accompanied by examples of judicial practice. The article examines the criminal law norms providing for responsibility for infanticide, the legislation of Italy, Austria, Switzerland, Holland and Denmark, and highlights the distinctive features of Article 106 of the Russian criminal legislation. The article presents proposals for possible improvement of the norms of the Criminal Code of the Russian Federation on responsibility for the murder of a newborn child by a mother, confirmed by the indicators of a sociological study.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

Contemporary criminal law policy: a new phase of liberalization

2016 ◽  
Vol 11 (2) ◽  
pp. 94-98
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Legal Rules ◽  
Stage Of Development ◽  
Special Part ◽  
Legitimate Interests ◽  
The Russian Federation

In the article the modern criminal law policy is viewed as a multidimensional socio–legal phenomenon. The author distinguishes several levels of legal policy: theoretical, directive, legislative, institutional and enforcing. The article shows that the modern stage of development of criminal law policy is characterized by strengthening of negative tendencies at all levels of development, formation, organization and implementation of criminal policy. As a result, in the Criminal Code of the Russian Federation inoperative statutes and double regulations appeared, the inclusion of which in the criminal law creates confusion and leads to difficulties in law enforcement practice. Casuistry of criminal law policy is evident not only in norms of the Special part of the Criminal code of the Russian Federation, but also in the requirements of the Special part that violates the consistency of the criminal law, reduces the quality of legal rules and the effective protection of the rights and legitimate interests of citizens by criminal law means. In general criminal policy of Russia at the present stage has the reflective nature, because forms, means and methods of combating crime are determined spontaneously, under the pressure of circumstances, indicating a lack of scientifically proved criminal law policy.

scholarly journals Receipt of illegal remuneration by an ex-officer: law, theory, practice

2021 ◽  
Vol 7 (2) ◽  
pp. 57-62
Author(s):  
A. V. Ivanchin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Current Version ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law

The article deals with the issues of criminal-legal assessment of situations when an official for a specified remuneration performs the necessary actions (inaction) in the service, and the remuneration itself is received after the loss of the officials status (deferred bribe). The author criticizes the established judicial practice of qualifying such cases as the final receipt and giving of a bribe, since it directly violates the provisions of Articles 3, 8, 29, 290, 291 of the Criminal Code of the Russian Federation. If the recipient of the remuneration is not an official, then his act cant be qualified as a completed bribe-taking by an official by virtue of the law. The article proves that the only correct variant of the criminal-legal assessment of the offense in such cases is the imputation for the ex-official the preparation for receiving a bribe under Article 290 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. Equally, in the actions of the bribe-giver in the analyzed situation from the standpoint of the current version of the criminal law, the author sees only a conspiracy with an official to give-receive a bribe, that is, preparation for giving a bribe, qualified under Article 291 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. In conclusion, it is stated that the Criminal Code of the Russian Federation has an obvious gap in investigated part, which requires elimination by amending the criminal law (after a thorough and balanced discussion of their draft).

scholarly journals ON THE QUESTION OF CRIMINAL LEGAL PROTECTION OF PRIVATE LIFE

2021 ◽  
pp. 118-125
Author(s):  
Татьяна Геннадьевна Лепина
Keyword(s):  
Information Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Private Life ◽  
Judicial Practice ◽  
Methods And Techniques ◽  
The Russian Federation

В статье рассматриваются особенности совершения преступлений, посягающих на неприкосновенность частной жизни. Приводятся примеры судебной практики, демонстрирующие разнообразие способов и приемов, используемых лицами, нарушающими соответствующий уголовно-правовой запрет. Анализируются цели и мотивы совершения рассматриваемых преступлений, от которых находятся в зависимости характер и степень общественной опасности деяния. Наибольшей масштабностью отличаются посягательства на неприкосновенность частной жизни, совершаемые крупными компаниями. Информационная безопасность является неотъемлемой частью общей безопасности человека. Думается, существует необходимость введения различных мер, направленных на ограничение распространения «экономики наблюдения». Для противодействия совершению соответствующих деяний следует использовать уголовно-правовые средства. Одним из вариантов решения данной проблемы может стать дополнение ст. 137, 138 квалифицированными составами, предусматривающими уголовную ответственность для сотрудников юридических лиц, собирающих личные данные людей в коммерческих целях. Помимо этого, может потребоваться введение новой статьи в гл. 26 УК РФ. Другим путем решения рассматриваемой проблемы могло бы стать создание в российском уголовном законе отдельного раздела (или главы), объектом которого стала бы информационная безопасность. The article examines the features of the commission of crimes that infringe on the inviolability of private life. Examples of judicial practice are given, demonstrating the variety of methods and techniques used by persons who violate the relevant criminal law prohibition. The goals and motives of committing the crimes under consideration are analyzed. The nature and degree of their social danger are determined depending on these signs of a socially dangerous act. The most widespread attacks on privacy by large companies. It seems that there is a need to introduce various measures aimed at limiting the spread of the «surveillance economy». Information security is an integral part of overall human security. Criminal legal means should be used to prevent the commission of the relevant acts. One of the options for solving this problem may be the addition of articles 137, 138 with qualified compositions providing for criminal liability for employees of legal entities. In addition, it may be necessary to introduce a new article into Chapter 26 of the Criminal Code of the Russian Federation. Another way of solving the problem under consideration could be the creation of a separate section (or chapter) in the Russian criminal law, the object of which would be information security.

Murder Motivated by Blood Feud: Features of the Subject of the Crime

2021 ◽  
pp. 253-268
Author(s):  
Konstantin V. Korsakov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Professionals ◽  
Judicial Practice ◽  
Long Time ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
The Given

This article focuses on the resolution of issues and difficulties legal professionals encounter when qualifying criminal acts under Item e.1 of Part 2 of Article 105 of the Criminal Code of the Russian Federation (Item e.1). The issues and difficulties appeared when the 1996 Criminal Code entered into force and still exist. They are associated with the absence of a legal definition of blood feud in the text of the Criminal Code and other federal statutes, and also with the fact that Decision No. 1 of the Plenum of the Supreme Court of the Russian Federation, On Judicial Practice in Murder Cases, of 27 January 1999, both in the previous and in the current versions, does not contain any comments and clarifications on the characteristics of Item e.1. The greatest difficulties in investigative and judicial practice appear when determining the subject of the given crime. For a long time, the question of what kind of subject of the crime - general or special - is the subject of the crime envisaged in Item e.1 (formerly Item k of Article 102 of the Criminal Code of the RSFSR) continues to be controversial and open in the Russian criminal law theory. The author of the article has made a comprehensive critical analysis of the points of view, opinions, and approaches available in the criminal law doctrine regarding the definition of the type of subject in Item e.1 - murder motivated by blood feud; this has an important qualification value and directly affects the legal assessment of the criminal act provided for in this item. The article presents and examines the doctrinal provisions, court decisions, and norms of criminal law in terms of determining the type of subject of murder motivated by blood feud. The author proposed, explained, and scientifically substantiated a uniform approach to the definition of the subject in Item e.1; this approach can order the Russian law enforcement practice and resolve all the problems. The author also formulated conclusions supported by arguments and reasons. The conclusions confirm the correctness of the scientific and legal approach, according to which the subject of the crime envisaged in Item e.1 is special and should belong to a group of population which cultivates the custom of blood feud.

scholarly journals Problems of Establishing Malfeasance in Bankruptcy

2021 ◽  
Vol 16 (1) ◽  
pp. 120-127
Author(s):  
A. K. Subachev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Time Limits ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Moment ◽  
Objective Side ◽  
Legal Grounds

The elements of a crime provided for in Part 1, 2, Art. 195 of the Criminal Code of the Russian Federation include a crime situation as a feature of the objective side, i.e. the presence of signs of bankruptcy, the exact establishment of the moment of occurrence of which allows us to clearly determine the time limits of the criminal law prohibition in relation to acts under Part 1, 2 of Art. 195 of the Criminal Code of the Russian Federation. Meanwhile, the understanding of the situation of illegal actions in bankruptcy in special literature and judicial practice is based on a literal, and not substantive, understanding of the provisions of the legislation on insolvency, to which the dispositions of the above offenses are referred. In this regard, when classifying the offense under Part 1, 2, Art. 195 of the Criminal Code of the Russian Federation, criminologists propose to be guided in fact by procedural presumptions of insolvency and the grounds for initiating a case on the debtor’s insolvency. Current judicial practice follows the same path. The stated understanding is not only methodologically incorrect, but also significantly reduces the criminal law potential of the mentioned norms of criminal law by narrowing the scope of their action. In turn, the paper pays attention to the substantive and legal grounds for stating that the debtor has signs of bankruptcy, which should be taken into account when classifying the deed as illegal actions in bankruptcy. The authors formulates his own position on the question of determining the moment of the emergence of the situation of the investigated crimes.

scholarly journals COMMISSION OF A CRIME IN A STATE OF INTOXICATION AS AN AGGRAVATING CIRCUMSTANCE

2021 ◽  
Vol 31 (6) ◽  
pp. 1059-1064
Author(s):  
G.A. Reshetnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Main Question ◽  
Court Judge ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Russian Federation ◽  
Different Content

The article deals with the understanding, assessment criteria and accounting for the commission of a crime in a state of intoxication as an aggravating circumstance in the science of criminal law and in judicial practice. Application of Part 1.1 of Art. 63 of the Criminal Code of the Russian Federation in practice shows that the difficulties faced by the court (judge) and the authors dealing with this problem are due to the imperfection of this norm, a different idea of the internal legal nature of the circumstance in question, therefore, a different content of its legal and criminological grounds. The main question that they are trying to solve is whether the state of intoxication contributed to the commission of a crime, while the state of intoxication as a circumstance aggravating punishment must be assessed in conjunction with the consequences of the committed criminal act.

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