scholarly journals FALSIFICATION OF ELECTION DOCUMENTS

2018 ◽  
Vol 22 (3) ◽  
pp. 165-171
Author(s):  
A. A. Degterev
Keyword(s):  
Russian Federation ◽  
General Structure ◽  
Basic Structure ◽  
Criminal Code ◽  
Criminal Cases ◽  
Classification Feature ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
Election Commission

The article is devoted to the analysis of the basic structure of the crime provided for in Art. 142 of the Criminal Code of the Russian Federation, which are considered debatable. This crime, in the general structure of crimes against electoral rights is about 65%. This circumstance, according to the author, indicates the social conditionality of the criminal-legal prohibition, the public danger of an act that grossly violates the conditions of the legitimacy of state power. In law enforcement practice, criminal cases are practically not initiated, which is due to a number of circumstances, including the legal uncertainty of a number of signs of the crime. The article deals with the essence of impeding the citizen's free exercise of his electoral rights and the right to participate in a referendum, violating the secrecy of voting, as well as obstructing the work of election commissions, referendum commissions or the activities of members of these commissions related to his performance of duties by falsifying election documents. As a classification feature, the author indicates the addressee of the relevant document: the voter; candidate; initiative group for holding a referendum; member of the commission with a casting vote; precinct election commission. The article provides the concept of what is referred to mandatory documents that are drawn up by the precinct election commission when carrying out actions with ballot papers. These include: an act on the receipt of ballots from a higher commission indicating their number; Act on the repayment of spoiled ballots (in the presence of such facts); an act on the conduct of voting outside the relevant premises; Act on the invalidation of ballots that were in a mobile box for voting. At the same time, the author points out that this classification has not lost its significance even at the present time. The author suggests the notion of an election document to be fixed in a note to art. 142 of the Criminal Code. The article reveals the characteristics of the main elements of the crime provided for in Art. 142 of the Criminal Code of the Russian Federation and compared with other views of Russian scientists.

Reasons to escape from a place of detention by convicts with the right of movement without convoy

2021 ◽  
pp. 525-526
Author(s):  
Nikita V. Cheremin
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Criminal Cases ◽  
Official Statistics ◽  
The Russian Federation ◽  
Large Material ◽  
The Right ◽  
Criminological Analysis

Dedicated to a topical topic for the penitentiary system of the Russian Federation (hereinafter referred to as the PS of the Russian Federation) – increasing the level of security, which is considered in the framework of a criminological analysis of the reasons for escaping from places of detention by a particularly considered category of convicts who are granted the right to travel without an convoy or escort. The commission of such a crime as es-cape not only disorganizes the activities of institutions executing punishment in the form of imprisonment, but also endangers public safety. The actions of the penitentiary system to organize a special operation to search for and arrest escaped criminals requires large material and physical costs. All this speaks of the relevance of the study, which can help in organizing preventive measures to prevent escapes. The purpose of the study was achieved by analyzing the criminal and penal legislation of the Russian Federation, analyzing official statistics, questioning and interviewing the heads of correctional institutions of the PS of the Russian Federation, as well as the special contingent; analysis of some decisions in criminal cases related to Article 313 of the Criminal Code of the Russian Federation for the period 2010–2020. As a result of the study, the characteristic reasons (objective and subjective) of the escapes of the investigated group of convicts were revealed, features are identified, which will allow in the future to organize preventive measures aimed at preventing and preventing escapes among convicts, who were allowed by the administration of the institution to have the right to leave the correctional institutions in order to economic service.

scholarly journals Features of the legal assessment of remote fraud

2019 ◽  
pp. 226-230
Author(s):  
Pavel L. Pavel L. Serdyuk
Keyword(s):  
Russian Federation ◽  
Insurance Industry ◽  
Criminal Code ◽  
Social Sphere ◽  
Legal Assessment ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
The Relationship

The article discusses the most difficult issues arising in the qualification of remote fraud in the field of computer information. The article examines the relationship to the composition of fraud of such methods of fraud and breach of trust, such as the destruction, blocking, modification or copying of computer information in order to steal someone else’s property or obtain the right to someone else’s property. The investigated composition of fraud is distinguished from such adjacent compositions as fraud using electronic means of payment (art. 1593 of the Criminal code of the Russian Federation), fraud in the insurance industry (art. 1595 of the Criminal code of the Russian Federation), etc. The role of the social sphere in determining the degree of danger of computer fraud as well as possible errors in the qualification of art. 1596 in conjunction with other articles of the Criminal code of the Russian Federation.

scholarly journals Coercion or Extortion? (On the Problems of Delimiting Articles 179 and 163 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 2 ◽  
pp. 32-38
Author(s):  
Viktor I. Gladkikh ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The article discusses the issues of distinguishing two types of crimes: extortion (Article 163 of the Criminal Code of the Russian Federation) and coercion to complete a transaction or to refuse to complete it (Article 179 of the Criminal Code of the Russian Federation), the objective parties of which have a certain similarity, which gives rise to problems of qualification to take possession of the right to someone else’s property or commit other property actions. The practice of applying the norms in question is analyzed, the author points out the qualification errors in this kind of criminal cases, both at the stage of preliminary investigation and judicial examination. It is proposed to give an appropriate explanation of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals The prohibition of driving a vehicle for committing a crime as a means of ensuring transport security

2021 ◽  
Vol 26 (4) ◽  
pp. 216-221
Author(s):  
Lyubov’ Yu. Larina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
The Russian Federation ◽  
The Right ◽  
Vehicle Management

The article deals with the penalty of deprivation of the right to engage in vehicle management activities as a means of ensuring transport security. This penalty is often imposed for crimes committed while driving vehicles. At the same time, judicial practice in relation to various articles of the special part of the criminal code of the Russian Federation develops in different ways. The author analyses sentences and other judicial acts in criminal cases on crimes committed while driving vehicles. Based on the generalisation of theoretical material and judicial practice on the problem under consideration, the author formulated proposals for changing the current legislation and recommendations for law enforcement. The article substantiates the need for mandatory discussion by the court of the possibility of imposing a penalty in the form of deprivation of the right to engage in activities for driving vehicles in all cases of committing a crime while driving.

scholarly journals Modern Problems of Reforming Preliminary Investigation in the Russian Federation

2019 ◽  
Vol 13 (3) ◽  
pp. 477-488
Author(s):  
Yuri Skuratov
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Structural Changes ◽  
Current System ◽  
Preliminary Investigation ◽  
Basic Structure ◽  
Criminal Case ◽  
Criminal Cases ◽  
The Russian Federation ◽  
The Right

The paper studies key areas of reforming the institute of preliminary investigation in the Russian Federation. The author does not support the position that reduces key problems of reforming criminal cases’ investigation to different organizational and structural changes, to the establishment or abolishment of some agencies. The reform should be based on diverse and, at the same time, systemic measures, including: the conceptual elaboration of the investigation reform; the systematization of the subject, the object and the very procedure of investigation; the rationalization of organizational and management structures of preliminary investigation; the optimization of the system of public and state control over investigation; the improvement of the relations between the investigation authorities and the public prosecutor’s office; the introduction of changes in the mechanism of cooperation between operational search and investigation authorities; the optimization of relations between investigation authorities and the court; the implementation of a complex of measures aimed at improving the professionalism of investigation officers, raising their general and legal cultural level, creating optimal conditions for their work; the reform of the investigation infrastructure. One of the key areas of reforming preliminary investigation is, according to the author, the restoration of the previously abolished supervision authority of the prosecutor’s office (the authority to initiate a criminal case; the right to issue obligatory directions for the investigator; the authority to terminate a criminal case on any grounds provided by law). Practice has shown that the current system of procedural control over the investigation of criminal cases is weak and does not prevent numerous mistakes and oversight of investigation officers. One scenario of a large-scale investigation reform, according to the author, includes the preservation of the Investigative Committee of the Russian Federation, making it the basic structure for the organization of an inter-agency investigation authority.

scholarly journals Analysis of surgical disciplines involved doctors’ personal responsibility for improper delivery of health care

2021 ◽  
Vol 98 (11-12) ◽  
pp. 788-793
Author(s):  
V. I. Gorbachev ◽  
E. S. Netesin ◽  
S. S. Gorbacheva ◽  
S. A. Sumin ◽  
M. V. Khamidulin ◽  
...  
Keyword(s):  
Health Care ◽  
Russian Federation ◽  
Delivery Of Health Care ◽  
Personal Responsibility ◽  
Criminal Code ◽  
Automated System ◽  
Court Decisions ◽  
Criminal Cases ◽  
The Russian Federation ◽  
The Right

Currently, there is a serious increase in citizens’ complaints to the Investigative Committee of the Russian Federation. Accordingly, there has been an increase in criminal cases initiated against health professionals. The group of specialists of maximum risk includes, first of all, doctors of surgical specialties: surgeons; anesthesiologists-resuscitators; obstetricians-gynecologists. Purpose of the study. To analyze the criminal cases against surgeons initiated under the second part of Article 109 of the Criminal Code of the Russian Federation. Material and methods. The search for criminal cases was carried out in the following electronic databases: Court decisions of the Russian Federation (https://court decisions.rf) and the state automated system of the Russian Federation "Justice" (https://bsr.sudrf.ru/bigs/portal.html); the search covers the last 5 years period. Results. 235 court decisions in cases open under Part 2. Art. 109 of the Criminal Code of the Russian Federation have been found. The evaluation of territorial and gender characteristics has been carried out. Defects in the delivery of health care identified by the courts and incriminated to doctors are presented. The attitude of surgical specialties doctors to the charges brought, and the applied terms of the main types of punishment are presented: supervised release and denial of the right to practice. Attention is drawn to the aggravating and mitigating circumstances used by the courts.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

Punishability of the acts of extremist orientation provided by Article 282 of the Criminal Code of the Russian Federation

2019 ◽  
pp. 40-54
Author(s):  
Дмитрий Сергеевич Дядькин
Keyword(s):  
Russian Federation ◽  
General Structure ◽  
Real Life ◽  
Criminal Code ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Sharp Growth ◽  
The Russian Federation ◽  
The Moment ◽  
Modern Russian

В статье представлены результаты анализа наказуемости за одно из наиболее распространенных в последнее время в Российской Федерации преступление, предусмотренное ст. 282 УК РФ - возбуждение ненависти либо вражды, а равно унижение человеческого достоинства. В последние годы имеет место резкий рост количества осуждений лиц по ст. 282 УК РФ. Данная практика крайне репрессивна, не поддерживает одобрения в обществе, существенно критикуется и негативно оценивается даже властью, которая в последнее время предприняла действия по изменению сложившейся ситуации. Изменение структуры привлечения и осуждения лиц по ч. 1 и ч. 2 ст. 282 УК РФ - исчезновение квалификации действий лиц по ч. 2 - свидетельствует об изменении характера данных преступлений, способа их совершения, а самое главное - подходов к привлечению лиц к ответственности за совершение преступлений экстремистской направленности. Работа правоохранительных органов полностью переключилась с выявления, пресечения и наказания экстремистских деяний, совершаемых в реальной жизни, и на данный момент абсолютное большинство лиц, привлеченных по ст. 282 УК РФ, - это лица, допустившие те или иные высказывания» в социальных сетях. Ч. 2 ст. 282 УК РФ (квалифицирующие признаки, ее составляющие) на данный момент потеряли свою актуальность и не отвечают современным реалиям. Наказуемость за преступления, предусмотренные ст. 282 УК РФ, атипична по отношению к общей структуре применения наказаний в РФ за преступления в целом: за данное преступление осуждается к условному лишению свободы 61 % лиц, 11 % - к реальному лишению свободы. Данное положение вещей отражает ситуацию, когда дефиниция преступления по своему существу не отвечает ожиданиям современного российского общества, при этом внутреннее убеждение судейского корпуса также находится в определенном диссонансе. Современные российские реалии не позволяют судам выносить оправдательные приговоры в достаточном количестве, и судам приходится применять к лицам, по сути невиновным, наказания крайне незначительные или условно. По ст. 282 УК РФ данная тенденция явно прослеживается. Results of the analysis of punishability for one of the most widespread in the Russian Federation the crime provided by Art. 282 of the Criminal Code of the Russian Federation are presented recently in article there is an arousing hatred or hostility, and humiliation of human dignity is equal. In recent years the sharp growth of number of condemnations of persons according to Art. 282 of the Criminal Code of the Russian Federation takes place. This practice is extremely repressive, does not support approval in society, is significantly criticized and negatively estimated even by the power which took actions for change of a situation to the sphere recently. Change of structure of attraction and condemnation of persons according to Pt. 1 and Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation - disappearance of qualification of actions of persons according to Pt. 2 - demonstrates to change of nature of these crimes, a way of their commission, and the most important - approaches to involvement of persons to responsibility for commission of crimes of extremist orientation. Work of law enforcement agencies completely switched from identification, suppression and punishment of the extremist acts made in real life, and at the moment the vast majority of the persons involved according to Art. 282 of the Criminal Code of the Russian Federation are faces the allowed these or those statements on social networks. Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation (the qualifying signs, it making) at the moment lost the relevance and do not answer modern realities. The punishability for the crimes provided by Art. 282 of the Criminal Code of the Russian Federation is atypical in relation to the general structure of application of punishments in the Russian Federation for crimes in general: for this crime it is condemned to conditional imprisonment 61 % of persons, 11 % - to real imprisonment. This state of affairs reflects a situation when the crime definition on the being does not answer expectations of modern Russian society, at the same time the internal belief of judiciary also is in a certain dissonance. Modern Russian realities do not allow vessels to pronounce justificatory sentences in enough, and vessels should apply to persons, in fact the innocent, punishments extremely insignificant or is conditional. According to Art. 282 of the Criminal Code of the Russian Federation this trend is obviously traced.

Prosecutor in the Court of Cassation in Criminal Cases

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Лев Бертовский ◽  
Lyev Byertovskiy ◽  
Дина Гехова ◽  
Dina Gekhova
Keyword(s):  
Russian Federation ◽  
Public Prosecutor ◽  
Federal Law ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Procedure Code ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.

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