Legislative Regulation Paradoxes of Criminal Liability for Corruption-related Crimes

2021 ◽  
Author(s):  
S.S. Boskholov ◽  
◽  
V.G. Tatarnikov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Soviet Period ◽  
Criminal Punishment ◽  
Additional Measure ◽  
Property Confiscation ◽  
The Difference ◽  
Criminal Legislation ◽  
Modern Russian

The article raises the problem of the property confiscation absence as an additional measure of punishment in modern Russian criminal legislation. The authors analyze the reasons for excluding property confiscation from the types of criminal punishment in 2003, reveal the difference between property confiscation as a punishment and property confiscation as a measure of criminal law, and provide examples of the property confiscation practice. The article examines the issues of ensuring the compliance of sanctions with the nature and degree of social danger of the crime, with the tasks of preventing the crimes under consideration, and with the justice principles implementation. The article compares the criminal legislation of the Soviet period and modern Russian legislation on liability for corruption crimes. It is proposed that property confiscation must be included in the Criminal Code of Russia as an additional measure of punishment for grave and especially grave crimes, first of all, corruption related crimes. It is also proposed to abandon the establishment of a fine as the main punishment in sanctions for the most dangerous crimes of a corruption nature, including such ones as taking a bribe. According to the authors` opinion the main punishment for such crimes should be imprisonment.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

ON THE FORMAL ASPECT OF REGULATION OF THE CRIMINAL LEGAL IMPACT IN RESPECT OF MILITARY PERSONNEL IN THE RF CRIMINAL CODE

2021 ◽  
pp. 5-11
Author(s):  
R. V. Zakomoldin ◽  
Keyword(s):  
Criminal Law ◽  
Military Personnel ◽  
Military Service ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
General Part ◽  
Criminal Legislation

The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.

scholarly journals TYPES OF LIABILITY IN THE MODERN RUSSIAN CRIMINAL LAWS

2020 ◽  
Vol 10 ◽  
pp. 56-60
Author(s):  
Lyubov Yu. Larina ◽  
◽  
Inga V. Pantyukhina ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Different Types ◽  
The Russian Federation ◽  
Legal Fact ◽  
Criminal Legislation ◽  
Modern Russian

The article substantiates the existence of criminal liability and other types of liability in the criminal legislation. The authors give a classification of types of criminal liability depending on the legal fact entailing responsibility and specific measures that make up the content of a particular type. It is proposed to distinguish two main types-primary and secondary responsibility, each of which is divided into separate varieties. They argue for the need to include in the criminal code of the Russian Federation rules on the responsibility of minors who are not subject to criminal liability; make predictions about the possibility of new measures of responsibility in criminal law. In view of the different types of liability, the question of liability of legal persons under criminal law could be considered differently.

scholarly journals The Purpose of Punishment in the Science of Criminal Law

2021 ◽  
Vol 16 (2) ◽  
pp. 125-139
Author(s):  
A. I. Rarog
Keyword(s):  
Social Justice ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Soviet Period ◽  
Criminal Punishment ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Legislative Decision

Despite a centuries-old debate among scientists from different countries, the question about the purposes of criminal punishment remains relevant. The criminal legislation of the Soviet period was inconsistent in formulating the purposes of punishment and repeatedly changed the list of purposes and their wording, therefore, in the criminal law doctrine there were long and fruitless discussions on this issue. They have not stopped to this day, although the current Criminal Code of the Russian Federation unambiguously proclaimed the purposes of punishment to be the restoration of social justice, the correction of the convicted person and the prevention of new crimes. The discrepancy between the purposes of punishment in the Criminal Code of the Russian Federation and the purposes of the execution of punishment in the Penal Enforcement Code of the Russian Federation to a certain extent interferes with a uniform interpretation of the purposes of criminal punishment. The paper proves the validity and comprehensive nature of the legislative decision and rejects the importance and possibility of legislative adjustment of the purposes of punishment or supplementing their list with the purposes of punishment, expiation, resocialization of the convict, his re-education, etc.

scholarly journals Technique of war crimes regulation in the 1960 Criminal Code of the RSFSR

2021 ◽  
Vol 15 (4) ◽  
pp. 574-581
Author(s):  
Yulia O. Goncharova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Liability ◽  
War Crimes ◽  
Criminal Code ◽  
International Criminal Law ◽  
Soviet Period ◽  
The Russian Federation ◽  
Criminal Legislation

The article analyses the technique of regulating war crimes in the Criminal Code of the RSFSR of 1960. The author notes the need for a retrospective analysis of the legislative technique of war crimes in order to consider this type of crime most holistically. Despite the existence of discussions in the theory of criminal law about the concept of legislative technique and the elements included in it, the author interprets legislative technique as a set of means and techniques used to give the content of legislative norms an appropriate form. This article also notes the need to distinguish the category of «war crimes» in the criminal legislation of the Russian Federation, as this term is widespread in international criminal law. The author attributes the following provisions of the Criminal Code to war crimes: Article 356 («Application of prohibited means and methods of warfare»), Article 357 («Genocide») and Article 359 («Menary»). The author conducts a comparative analysis of the legislative technique of the norms on criminal liability for war crimes of the current criminal legislation and criminal legislation of the Soviet period. From the analysis, some features of the technique of regulating war crimes of the Soviet period are revealed, namely: a) most of the elements of war crimes were designed using the casual reception of legislative equipment; b) the Soviet legislator used a direct way of presenting the norms without applying references; c) the note was used to build some formulations of war crimes, but did not This paper also examines a number of imperfections in the technique of regulating war crimes in the 1960 Criminal Code.

About the issue of punishment for juveniles

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Kovalova Svitlana ◽  
◽  
Sokolovska Nataliia ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Penal Code ◽  
Criminal Punishment ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Juvenile Sentencing ◽  
Criminal Legislation ◽  
Psychological Features

The article is devoted to the analysis of the institute of criminal liability and punishment for minors under the Ukrainian legislation. Theoretical and practical features of sentencing for criminal offenses are examined and the main tendencies of sentencing at the present stage are determined. It is stated, that certain provisions of the Criminal Code of Ukraine on the sentencing of minors do not correspond to the worldwide practice of humanizing the punishment for juveniles. It is determined that the purpose of criminal punishment for minors is the process of education. Also, it is proved, that this goal should be confirmed in the current Penal Code. Attention is focused on the fact that the backbone of the state strategy on criminal law counteraction to juvenile delinquency should be a child-friendly system of juvenile justice. The necessity of adding new types of punishment into Penal Code of Ukraine which would be applied only for young offenders is defined. Moreover, the expediency of forming a new system of punishment for juveniles, which would take into account more sophisticated and new educational measures is proved. The peculiarities of imposing criminal punishment on minors according to the legislation of other foreign countries are clarified. It is shown that special penalties for minors, which are not connected with isolation, are provided by the criminal legislation of most European countries. Keywords: juvenile, sentencing, criminal liability, sanity, punishment, delinquency, criminal law policy, humanism, condemnation, psychological features

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Criminal law and digital crime: problems and solutions

2018 ◽  
Author(s):  
Евгений Русскевич ◽  
Evgeniy Russkevich
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Schools ◽  
Computer Data ◽  
Digital Crime ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Theoretical Issues

The monograph is devoted to the complex of theoretical and applied problems of adaptation of the domestic mechanism of criminal law protection to the "digitalization" of crime in the conditions of formation of the information society. Along with General theoretical issues, foreign criminal legislation and the provisions of international law are deeply analyzed. The paper presents a refined criminal-legal characteristics of crimes in the field of computer information, including the novelties of the Russian criminal law — the illegal impact on the critical information infrastructure of the Russian Federation (article 2741 of the criminal code), developed proposals for the differentiation of criminal liability for attacks on the security of computer data and systems, developed scientifically sound recommendations for qualification. The monograph is designed for researchers, teachers, practicing lawyers, students and postgraduates of law schools and faculties.

scholarly journals Mediation in Bribery: Gaps in the Legal Interpretation

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Legal Interpretation ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Objective Aspect

The article considers and analyzes some gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation. It examines the objective aspect of the crime, and also presents the problems of prosecuting for mediation in bribery according to the specifics of the qualification of this socially dangerous act. The author substantiates the grounds and limits of criminal liability for mediation in bribery, taking into account the act of committing various forms of this crime. On the basis of a comprehensive analysis of criminal legislation and scientific works of not only Russian scientists, but also foreign experts in the field of criminal law, the main prospects for the development and solution of the above mentioned problematic issues related to gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation are proposed. Special attention is also paid to certain issues of qualification of the investigated act, which directly depend on the amount of the bribe. As a result of the study, it is recommended to introduce some changes and additions to Parts 1 and 5 of Article 291.1 of the Criminal Code of the Russian Federation.

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