scholarly journals LEGAL ANALYSIS OF THE GENERAL CRIME IN THE RUSSIAN FEDERATION: STATUS AND TRENDS OF DEVELOPMENT

2019 ◽  
Vol 23 (1) ◽  
pp. 102-122
Author(s):  
Vadim A Avdeev ◽  
Ekaterina V Avdeeva
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Legal Analysis ◽  
State Structure ◽  
Legal Policy ◽  
Structure And Dynamics ◽  
The Russian Federation

The current conditions of the ongoing intra-state socio-economic and political-legal transformations inevitably affect the state, structure and dynamics of ordinary criminal mercenary criminality. The conducted legal analysis confirms the urgency of the development and implementation of new, more sophisticated measures to counter theft, fraud, robbery, robbery and extortion, taking into account the development trends of these crimes against property. The renewed renovation of the Russian state system is accompanied by the adoption of the Concept of Long-Term Social and Economic Development of the Russian Federation, the National Security Strategy of the Russian Federation, which predetermine new directions of the criminal legal policy in minimizing the criminalization of public relations to ensure the security of various forms of ownership. The globalization of law, the changing polycentric world predetermine the expediency of following the universally recognized principles and norms of international law, including those aimed at effectively countering ordinary criminal mercenary criminality. Throughout the evolution of social development, the priority task of each state was the inviolability of property interests. Analysis of the state, structure and dynamics of crimes against property, regulated by Art. 158-1596, 161-163 of the Criminal Code of the Russian Federation, allows us to note the dominant position of ordinary criminal mercenary criminality. In this connection, conclusions are drawn on the trends in the development of the criminal situation, and the estimation of the illegality and collision of modern criminal legislation with regard to the construction of criminal law norms is given. The main directions of the criminal and legal policy in the sphere of novelization of the criminal law on counteracting common criminal mercenary criminality are to be understood. The topical issues of legislative and organizational-practical nature in the field of countering common criminal mercenary criminality are considered.

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 APPLICATION OF THE CRIMINAL LAW IN CONTRACTING SYSTEM AND STATE DEFENSE ORDER VIOLATIONS

2018 ◽  
Vol 2 (2) ◽  
pp. 56-63
Author(s):  
Victor Nikolaevich Borkov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Public Procurement ◽  
Criminal Code ◽  
The State ◽  
Official Position ◽  
System Method ◽  
The Russian Federation ◽  
State Defense

The subject. The article is devoted to analysis of court practice concerning crimes in public procurement.The purpose of the paper is to solve the problem of delimitation of theft committed by the perpetrator with the use of his official position, from abuse of official powers and official forgery is topical.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method allowed to consider misdemeanors and a set of rules providing for responsibility for their commission, in conjunction with public relations, which need criminal law protection. The functional approach made it possible to address the issues of qualification for official crimes against the contract system and the state de-fense order, taking into account the forms and methods of activity of the subjects of con-tractual relations.Results and scope of application. An important role in improving the effectiveness of public procurement is played by officials who, in dealing with suppliers of goods and executors, are called upon to defend public interests. The public danger of crimes committed by offi-cials in this sphere is manifested in the destruction of the material basis of the functioning of the state, undermining its defensive capacity and reducing the level of security. Judicial practice testifies to the lack of uniform approaches to the qualification of crimes committed in the sphere of execution of the state and municipal contract.The article proposes criteria for delimiting the encroachments of officials on the expendi-ture of budgetary relations, taking into account the addition of the criminal law to norms that provide for responsibility for abuse in the performance of the state defense order (art. 201.1 and 285.4 of the Criminal Code of the Russian Federation). In the qualification of crimes committed in the sphere of contractual relations, and the application of art. 201.1 and 285.4 of the Criminal Code of the Russian Federation are proposed to be guided by the recommendations of the Supreme Court of the Russian Federation on the delimitation of abuse of official powers from embezzlement.Conclusions. It is necessary to proceed from the existence of two lines of activity of the customer. The first is the acceptance of the delivered goods, the work performed, the ser-vices rendered. The second is payment for goods, work and services.

scholarly journals ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES

2018 ◽  
Vol 2 (2) ◽  
pp. 40-47
Author(s):  
Maxim Viktorovich Bavsun ◽  
Ilya Aleksandrovich Beletskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Norms ◽  
Public Rights ◽  
The Russian Federation

The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment.

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

On Research and Realities of Decriminalization of Criminal Acts in Russia

2019 ◽  
pp. 2044-2057
Author(s):  
Sergey A. Markuntsov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Entire Period ◽  
Comprehensive Understanding ◽  
Fundamental Nature ◽  
The Russian Federation ◽  
Adequate Coverage

The relevance of the research of decriminalization of criminal acts in Russia is due to both the lack of current adequate coverage of this issue even in some specialized studies of fundamental nature and the need to obtain a comprehensive understanding of decriminalization in Russia in the context of the trend of its modern criminal law policy humanization. The aim of the article is to study the processes of decriminalization of criminal acts in Russia through assessing the state of modern criminal law discourse on the problem specified. The research concludes the secondary, derivative nature of the analyzed decriminalization issues in most modern studies, the actual scale of full decriminalization of criminal acts in Russia, which aims for arithmetic error against the background of current decriminalization processes (for the entire period of the Criminal Code of the Russian Federation only 4 criminal acts were fully decriminalized)

scholarly journals CRIMINAL AND LEGAL STUDY OF CONNIVANCE IN CRIME AS A SIGN CHARACTERIZING CONFLUENCE OF SEVERAL PERSONS IN ONE CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 236-241
Author(s):  
A. A. Kashkarov ◽  
D. A. Poshtaruk
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Study ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side ◽  
Made In

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.

scholarly journals CAUSING PROPERTY DAMAGE BY DECEPTION OR ABUSE OF CONFIDENCE: CRIMINAL LEGAL ANALYSIS OF ARTICLE 165 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 8 (3(84)) ◽  
pp. 39-44
Author(s):  
V. Gladkikh
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theory And Practice ◽  
Legal Analysis ◽  
Property Damage ◽  
The Russian Federation

The article discusses the theory and practice of applying Art. 165 of the Criminal Code of the Russian Federation, which provides for liability for causing property damage by deception or abuse of trust. The problems of delimiting the article under consideration with related compositions (Articles 159, 160 of the Criminal Code of the Russian Federation) are noted, measures are proposed to improve the criminal law.

scholarly journals Another example of the situational nature of changes in domestic criminal and criminal procedural legislation or a vital short story?

2020 ◽  
pp. 79-83
Author(s):  
Nikolay Letelkin ◽  
Dmitry Neganov
Keyword(s):  
Short Story ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The State ◽  
Federal Law ◽  
Procedure Code ◽  
Corona Virus ◽  
The Russian Federation

The article examines the situationality of modern lawmaking in the field of criminal law in the context of the adoption of the federal law of 1.04.2020 No. 100-FZ «On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation», adopted by the State The Duma of the Russian Federation in connection with the pandemics of the Corona Virus Disеаsе 2019 (COVID-19).

scholarly journals STATE SERVICE OF RUSSIA AND FOREIGN COUNTRIES: COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 10 (4(73)) ◽  
Author(s):  
S.N. Keramova
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
The State ◽  
Federal State ◽  
Legal Analysis ◽  
State Structure ◽  
State Service ◽  
The Public ◽  
Foreign Countries ◽  
The Russian Federation

Article considers the experience of the state structure of the state service of the Russian Federation and foreign countries. The purpose of this article is a comparative legal study of the problems of the Institute of state service in Russia and abroad in several foreign countries: USA, UK, France, Germany. The analysis oflegal regulation of the state service of foreign countries and the Federal state service of the Russian Federation is conditioned by the possibility of improving the legislation of the Russian Federation. The result of the study is the formulation of conclusions and proposals for improving the administrative legislation regulating the structure of the public service of the Russian Federation, using the experience of foreign countries

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