scholarly journals Review of an official opponent on the doctoral (Law) thesis by I. A. Efremova “Exemption institution in the criminal law theory and legislative and judicial practice”, majoring 12.00.08

2020 ◽  
Vol 13 (4) ◽  
Author(s):  
Vladimir V. Sverchkov ◽  
Keyword(s):  
Criminal Law ◽  
Official Opponent ◽  
Judicial Practice

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals PROBLEMS OF ENFORCEMENT OF NORMS PROVIDING RESPONSIBILITY FOR ECOLOGICAL CRIMES 

2019 ◽  
Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Judicial Practice ◽  
Key Points ◽  
Environmental Crimes

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.

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.

MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT

2020 ◽  
Vol 13 (6) ◽  
pp. 93-97
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Medical Services ◽  
Educational Institutions ◽  
Criminal Cases ◽  
Related Services ◽  
Legal Norms ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Substantiation

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.

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 An obligation to remedy damage in connection with an early release on licence

2018 ◽  
Vol 47 ◽  
pp. 55-66
Author(s):  
Anna Muszyńska
Keyword(s):  
Criminal Law ◽  
Early Release ◽  
Judicial Practice ◽  
Legal Grounds

The author presents doubts concerning interpretation of numerous legal grounds for remedying damage caused by an offence in the field of criminal law, including imposition of an obligation to remedy damage in connection with early release on licence. Emphasis is placed on problems with their application in judicial practice. The author in principle views the amendments in the scope of compensatory measures as positive, however, she considers the possibility of further amendments, which would lead to more rational legislative solutions.

scholarly journals PROBLEMS OF CRIMINAL LAW EVALUATION OF PATENT TROLLING

2020 ◽  
Vol 30 (2) ◽  
pp. 282-288
Author(s):  
V.V. Rovneyko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Good Faith ◽  
Judicial Practice ◽  
Legal Nature ◽  
Sufficient Degree ◽  
Legal Costs ◽  
The One ◽  
Abuse Of Law

The article deals with the issues of criminal law and legal assessment of patent trolling, which, on the one hand, is a kind of abuse of law and violation of the principle of good faith of participants in civil legal relations, and, on the other hand, has a sufficient degree of public danger and prevalence to be the basis of criminal liability. The author's conclusions are based on the study of media materials and judicial practice. Most of the “victims” of patent trolling pay money, not being mistaken about the legality of the claims, but being guided by the desire to avoid legal costs and other problems associated with litigation. Establishing the criminal legal nature of patent trolling is somewhat problematic, since it is a combination of fraud and extortion in the broad sense of these concepts. Signs of existing crimes, such as fraud (article 159 of the criminal code) and extortion (article 163 of the criminal code), contain definitions of these concepts in a narrow sense. This does not allow such actions to be classified as specified crimes.

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