Formation of Discourses of Criminal Law Support of National Security in Russia

2021 ◽  
Author(s):  
Yu. N. Rumyantseva ◽  
◽  
E. S. Kachurova ◽  
Keyword(s):  
Artificial Intelligence ◽  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
The State ◽  
Economic Crime ◽  
Negative Consequences ◽  
The Russian Federation ◽  
Legal Entities

he article attempts to formulate the criminal law component of the problem of support national security, based on the National Security Strategy approved by the Decree of the President of the Russian Federation in 2021. The authors consider the formation of the national security domestic paradigm, highlight the stages of creating a system of national security legal regulation in the Russian Federation, and assess the effectiveness of such regulation. It is concluded that the negative consequences of the reforms carried out in Russia partly themselves pose a threat to its national security. The article studies the formation of the state criminal law policy; the development of criminal law measures against terrorism, extremism, economic crime and corruption; countering the malicious use of artificial intelligence and robotics as priority areas of countering threats to national security by criminal legal means. The formation of an effective criminal legal framework for countering economic crime and corruption is associated with the development of the modern criminal and criminal-legal policy concept. The changes in Russian legislation aimed at ensuring national security through the tightening a number of the Criminal Code norms in relation to terrorist and extremist crimes after the coup d’état in Ukraine in 2014 are illustrative. The risks of malicious use of artificial intelligence require a proactive reaction of the domestic legislator. Analyzing the sphere of development of the economic foundations of the state and society, it is necessary to focus on the conditions of fierce competition from foreign goods, works and services. At the same time, it is impossible not to take into account the fact that competition is often associated not only with scientific and technological advantages, but also with various kinds of abuses on the part of legal entities, which brings the authors back to the discussion on the introduction of the institution of legal entities criminal liability in the Russian Federation.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

ASSESSMENT OF THE MAIN INDICATORS OF FINANCIAL SECURITY OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 1 (9) ◽  
pp. 15-20
Author(s):  
L. V. AGARKOVA ◽  
◽  
V. V. AGARKOV ◽  
M. G. RUSETSKY ◽  
◽  
...  
Keyword(s):  
National Security ◽  
Russian Federation ◽  
World Economy ◽  
The State ◽  
Financial Security ◽  
Negative Consequences ◽  
Special Significance ◽  
The World ◽  
The Russian Federation

In the context of the globalization of the world economy, the issue of ensuring the financial security of the state is a condition of its national security and acquires special significance. The article examines the indicators of financial security, establishes a system of precursors - indicators of the financial security of the state, allowing to predict the onset of negative consequences. the main indicators of the financial security of the Russian Federation were assessed.

scholarly journals DEVELOPMENT OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY AS PART OF THE NATIONAL SECURITY

2020 ◽  
Vol 16 (4-1) ◽  
pp. 54-63
Author(s):  
Татьяна Полякова
Keyword(s):  
Information Security ◽  
National Security ◽  
Russian Federation ◽  
Information Technologies ◽  
System Analysis ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Digital Data ◽  
The Russian Federation

The article is devoted to the analysis of amendments to the Constitution of the Russian Federation relating to the protection of national security, including in the field of information. Purpose: to analyze the role and impact of the amendments to the Constitution of the Russian Federation in 2020. These amendments are related to the State regulation at the federal level of information security and the tasks of ensuring the support and preservation of scientific and technological potential and the development of Russia. Methods: the work is based on the methods of dialectics and system analysis of the information and legal sphere, which allow to comprehensively, logically and consistently study the processes of implementation of constitutional and legal norms and the prospects for their development in the legal regulation of information security in order to identify existing patterns and development trends, as well as priority tasks. Results: the study leads to the well-founded conclusion that referring in the Basic Law to the federal authorities the security of the person, society and the State in the use of information technologies and digital data circulation is a constitutional and legal innovation that is fundamental to the development of legal and scientific research in the field of information security as an important component of the national security of the State, as well as for the development of the system of legal regulation in this areas in information law.

scholarly journals Challenges to ensuring the national security of the Russian Federation

2021 ◽  
pp. 30-39
Author(s):  
А.К. Илембетов ◽  
С.А. Комаров
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Modern World ◽  
The Subject ◽  
The Russian Federation

Аннотация. В данной статье рассматриваются вопросы, затрагивающие правовое регулирование в сфере обеспечения национальной безопасности Российской Федерации. Дается изложение таких понятий как: предмет, объект, задачи и цели в обеспечении национальной безопасности Российской Федерации, обосновывается идея о том, что национальная безопасность Российской Федерации надёжно обеспечивается только при повышении устойчивости страны к внешним и внутренним угрозам, что без приспособления к экономическим, политическим, военным угрозам современного мира, невозможно обеспечить безопасность государства. This article discusses issues affecting legal regulation in the field of ensuring the national security of the Russian Federation. An outline of such concepts as the subject, object, tasks and goals in ensuring the national security of the Russian Federation is given, the idea is substantiated that the national security of the Russian Federation is reliably ensured only with an increase in the country's resistance to external and internal threats, which without adaptation to economic, political, military threats of the modern world, it is impossible to ensure the security of the state.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

scholarly journals THE PROBLEM ISSUES OF ENSURING NATIONAL SECURITY AT THE REGIONAL LEVEL

2020 ◽  
pp. 172-177
Author(s):  
Elena Yu. Tikhaleva
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Regional Level ◽  
Security System ◽  
Regional Security ◽  
Exchange Of Information ◽  
Regulation Of Activity ◽  
The Russian Federation

Functioning and exchange of information between state structures of federal and regional level, coordination of interests of various subjects of the Russian Federation, promote stability in the country. In this situation, the necessary «balance» is formed in the relations between the Russian Federation and its administrative-territorial units that at due level can protect the state from social shocks and crises. In this regard, the author analyses the participation of subjects of the Russian Federation in ensuring national security. The article provides a generalised characteristic of correlations between the concepts of «national security» and «regional security». The attention is drawn to factors infl uencing the regional security system. Some topical issues of legal regulation of activity of subjects of the Russian Federation about the ensuring national security are considered. The author revealed negative tendencies taking place within the regional security system. Based on the conducted research, the conclusion is made that there are a number of problems in the fi eld of national security at the regional level. These problems can affect the state as a whole

scholarly journals INFORMATION SECURITY OF UKRAINE IN THE CONDITIONS OF THE HYBRID WAR

2019 ◽  
pp. 52-63
Author(s):  
S. A. Zaporozhets
Keyword(s):  
Information Security ◽  
National Security ◽  
Russian Federation ◽  
Regional Integration ◽  
The State ◽  
Telecommunication Networks ◽  
Negative Consequences ◽  
The World ◽  
The Russian Federation ◽  
Hybrid War

The article is devoted to the study of information security of Ukraine in the conditions of hybrid war, confrontation of hybrid threats from the Russian Federation, as well as priority directions for the effective provision of information security in our country. The analysis of this problem shows that the current state of Ukraine's information security system is characterized by an increase in existing threats, and on the other hand by the emergence of new challenges. Technological innovation processes, information breakthroughs, globalization of the world and tendencies of regional integration, along with providing enormous opportunities for the country's progressive development, have many negative consequences. One of the consequences has been the intensification of hybrid warfare between world countries, including against Ukraine. States' capacity to conduct information and information-psychological operations, to increase the sensitivity of society to the death of civilians and to the loss of military personnel in military conflicts are increasing. In the current conditions of globalization, the technological basis of which is the global information and telecommunication networks and a single information space, there is a tendency to change the principles and methods of management, including in military affairs. The ability of information to influence people's worldview and moods gives them the opportunity to gain an advantage over an adversary without engaging in a forceful confrontation with him. In fact, the correct method of working with information has become a new way of conducting an armed struggle, namely a hybrid war. In this regard, the leading countries of the world are undergoing a gradual transformation of approaches to the formulation of military policy of the state, which are practically embodied in ensuring the information security of the state in the conditions of hybrid war. The full-scale information war of Russia against our state has demonstrated the importance of ensuring information security as one of the main components of national security. In view of the above, the state and military authorities of the country were tasked with developing effective measures to neutralize the negative information impact of the Russian Federation and counteract its further deployment. The article also analyzes well-known approaches to improving the effectiveness of state response to national security threats in the information sphere in the context of the current armed conflict in eastern Ukraine. It is established that in order to achieve the appropriate level of information security it is necessary to create a single state mechanism for ensuring information security. A method for solving problems arising in this field is proposed.

scholarly journals A State of Administrative Punishment

Lex Russica ◽  
2021 ◽  
pp. 44-53
Author(s):  
N. A. Morozova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
The State ◽  
Negative Consequences ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
One Year ◽  
Severe Punishment ◽  
Administrative Responsibility

The paper analyzes the negative legal consequences associated with the fact of bringing to administrative responsibility and circumstances occurring after the end of the execution of the sentence. These consequences are established not only by the Code of Administrative Offenses of the Russian Federation, but also by many other laws. They differ among themselves in the content and duration of the periods during which they arise and continue. Based on this, the author concludes that it is necessary to introduce a concept similar to the concept of "conviction" in criminal law into the legislation on administrative offenses, and talk about the "state of administrative punishment" that should be understood as a special legal status of a person brought to administrative responsibility, characterized by the possibility of the imposition of a more severe punishment in the event of a repeated offense and the application of other negative measures. Under the Code of Administrative Offences of the Russian Federation, the term of administrative punishment is one year, i.e. any negative consequences of being brought to administrative responsibility can take place within a year after the end of the execution of the sentence, including the possibility of imposing a more severe punishment for the repeated offense, recording the information about the facts of bringing to responsibility during employment, disseminating information about the fact of committing an offense. After the expiry of the term of administrative punishment, the person should be considered not previously brought to administrative responsibility. After that term no negative consequences associated with this fact can take place. As in criminal law, the term of administrative punishment can differentiate depending on the gravety of the offense or the type of punishment imposed. The mechanism is provided for the early termination of the state of administrative punishment.

scholarly journals SOME DIRECTIONS OF IMPROVEMENT OF NORMATIVE LEGAL REGULATION OF THE STATE ANTI-CORRUPTION POLICY TAKING INTO ACCOUNT REQUIREMENTS OF INTERNATIONAL ANTI-CORRUPTION TREATIES

2017 ◽  
Vol 3 (4) ◽  
pp. 15-23
Author(s):  
Валентин Михайлов ◽  
Valentin Mikhaylov
Keyword(s):  
Social Control ◽  
Russian Federation ◽  
Criminal Law ◽  
Political Development ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
Legal Norms ◽  
The Russian Federation ◽  
International Conventions

The article describes the main elements of state policy in the sphere of anti-corruption as a system of measures of social control over corruption. It is noted that the norms on combating corruption, the formation of which is attributed to the competence of the Russian Federation, are contained in more than 50 regulatory legal acts of the Russian Federation. The anti-corruption legislation of the Russian Federation is constantly being improved and becoming more integral. In particular, the basis of the implementation of the state anti-corruption policy is the “outstripping” model of legal regulation, taking into account the direction of corruption crime. In addition, the state anti-corruption policy, taking into account the requirements of international anti-corruption treaties, is aimed at the consistent implementation of the provisions of international conventions. The article shows the tendency of increasing importance of targeted state-legal counteraction to corruption at the international and national levels. The necessity of using the preventive anti-corruption potential provided by the legislation of the Russian Federation is substantiated. In order to improve the system of social control, it is proposed to systematize, streamline the legal norms regulating various aspects of anti-corruption and reflect them in a new version of the Federal Law “On Combating Corruption”. Also systemic measures are required to stabilize the socio-economic and political development of the state while continuing to adopt effective anti-corruption practices. The issue of criminalizing the promise and offering of commercial bribery and bribes as completed crimes is considered. The conclusion is drawn that it should not be about adjusting certain existing provisions of the criminal law, but about a comprehensive change in legislation and the formation of good practices for its application.

Sign in / Sign up

Export Citation Format

Share Document