scholarly journals Legal regulation of the railway freight transportation and criminal liability for disabling communication lines or transport in Russia

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 557-562
Author(s):  
Svetlana A. Grimalskaya ◽  
Natalia L. Emelkina ◽  
Elena V. Krasnenkova ◽  
Elvira H. Nadyseva ◽  
Yulia V. Nikolaeva
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Freight Transportation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Historical Method ◽  
Railway Freight ◽  
The Russian Federation ◽  
Communication Lines

The purpose of the study is to consider the legal regulation of railway freight transportation (on the example of Russia and some European countries), as well as study the peculiarities of criminal prosecution for disabling communication lines or transport on the example of the legislation of the Russian Federation. The leading method was the deductive. The method of systems analysis, the historical method, the method of induction, etc. were used. The study concludes that today, an increase in transport significantly increases the prevalence and danger of crimes that encroach on the functioning of transport that is safe for people and society. The chapter uniting these crimes is located in Section IX of the Criminal Code of the Russian Federation: “Crimes against Public Safety and Public Order”, placed in third place after the section on crimes against the person and in the economic sphere.

scholarly journals The procedure for sending sentenced to arrest to the place of punishment

2019 ◽  
Vol 13 (3) ◽  
pp. 312-317
Author(s):  
V. S. Shabal ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Human Life ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
The Russian Federation ◽  
The Republic ◽  
Comprehensive Study

The article analyzes the problems in the direction of sentenced to arrest in the Republic of Belarus to the place of punishment. Based on the study of penal legislation it is concluded that there is no normative regulation of the issues of sending convicts to lockup houses, the concept of evading serving a sentence of arrest as well as the procedure and conditions for criminal prosecution under Art. 414 of the Criminal Code of the Republic of Belarus. This causes problems associated with the violation of the principle of the inevitability of criminal liability and the practice of applying this type of punishment, entailing among other things the growth of recidivism up to grave and especially grave crimes, encroaching on human life and health. Based on a comparative analysis of the legislation of the Republic of Belarus and the Russian Federation, which regulates the execution and serving of punishment in the form of arrest, the similarity of legal regulation of these public relations and problems in the law enforcement practice of both countries is noted. The conclusion is drawn about the need to amend the Penal Code of the Republic of Belarus in order to eliminate conflicts related to the execution of the sentence of arrest as well as conduct a comprehensive study of the execution of the sentence of arrest in the Russian Federation.

scholarly journals Problematic issues of qualifying actions encroaching upon persons executing justice or preliminary investigation

2021 ◽  
Vol 108 ◽  
pp. 02005
Author(s):  
Aleksander Nikolayevich Varygin ◽  
Irina Alekseyevna Efremova ◽  
Vladimir Gennadyevich Gromov ◽  
Pavel Anatolyevich Matushkin ◽  
Anastasiya Mikhaylovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Norms ◽  
The Russian Federation ◽  
Structural Methods

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.

scholarly journals Termination of a criminal case (criminal prosecution) as a result of voluntary compensation for damage caused by a crime in the russian criminal court legal proceedings

2021 ◽  
Vol 7 (3B) ◽  
pp. 645-651
Author(s):  
Artem Igorevich Neryakhin ◽  
Dmitriy Aleksandrovich Ivanov ◽  
Vasily Dzhonovich Potapov ◽  
Denis N. Stacyuk ◽  
Tatiana Ivanovna Bondar
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Criminal Court ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Compensation For Damage

The authors study the controversial issues of termination of a criminal case (criminal prosecution) on the condition of voluntary compensation for the damage caused by the crime by the suspect (accused) during the preliminary investigation. The thesis is proved that in Russian criminal proceedings the procedure for voluntary compensation for damage caused by a crime is quite clearly regulated, and if the suspect (accused) voluntarily compensated for the property damage caused, then their actions will be evaluated within the current legal framework, when the fact of compensation for damage creates grounds for exemption from criminal liability and termination of the criminal case (criminal prosecution) in accordance with Articles 75, 76, 761, 762 of the Criminal Code of the Russian Federation, Articles 25, 251, 28, 281 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

POLICY ON LIABILITY FOR TAX CRIMES IN THE RUSSIAN FEDERATION AND ABROAD (COMPARATIVE ASPECT)

2020 ◽  
Vol 10 (4) ◽  
pp. 91-98
Author(s):  
JEANNA NIKOLAEVA ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Legal Liability ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Tax Legislation ◽  
Russian State ◽  
Comparative Aspect ◽  
The Russian Federation ◽  
Economic Ties

The publication analyzes the policy in the field of legal liability for tax crimes in the Russian Federation and the States with which the Russian Federation has stable economic ties - Germany, Spain, France, China, the States of the Eurasian economic Union and the Commonwealth of independent States. The study suggests that the policy of States that are economic partners of the Russian Federation demonstrates a more severe approach to non-fulfillment of tax obligations. As a result of the study of foreign legislation, no States have been identified that have more lenient sanctions for tax crimes. Legal regulation of legal liability for violation of tax legislation in comparison with Russian legislation is characterized by long periods of limitation for criminal liability. Criminal law prohibitions do not contain an imperative requirement to exempt a defaulter from criminal prosecution in the event of payment of arrears and other compensation accruals (with the exception of the republics of Kazakhstan and Uzbekistan). In contrast to the Russian Federation, most countries criminalize actions related to ignoring the obligation to maintain accounting records, hiding or destroying accounting documents (China, France, Spain, etc.). It is concluded that the Russian Federation is a less protected tax jurisdiction in comparison with the States with which it has economic ties. The existing imbalance of liability for violations of tax and fee legislation creates prerequisites for the use of Russian tax jurisdiction in unfair tax strategies. When determining the vector of Russian state policy in the sphere of liability for non-fulfillment of tax obligations, it is not advisable to ignore this significant circumstance.

Trends of the Development of Criminal Law at the Modern Stage

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Алла Гравина ◽  
Alla Gravina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Main Stream ◽  
Negative Effect ◽  
The Russian Federation

The article analyses the modern criminal law, factors having negative effect on its development according with social, political and economic needs in the Russian Federation. Humanism is the main stream determining these trends. The author treats exercise of the principle of humanism in General and Special parts of the Criminal Code of the Russian Federation. The work provides criminal statistics of the recent years. It pays particular attention to the reasons disturbing stability of law, leading to excess of legal regulation and excess of repressiveness of criminal law. It is impossible to predict the trends of criminal law without taking into account the political, social, economic development of the society, which determine the criminal policy of the country. The stability of law is also determined by them. The main methods of criminal policy are criminalization, decriminalization, penalization and depenalization. The article considers influence of criminalization and decriminalization on criminal law. The main trends in the development of criminal law is the further differentiation of criminal responsibility and expanding the list of forms of punishment not connected with isolation of guilty person from a society; introduction of less severe punishment. Some forms of differentiation of criminal liability such as — returning of administrative prejudice to criminal law, transfer of certain types of punishment to the category of other measures of criminal law applicable to the exemption from criminal liability; forecasting of introduction some new types of offences to the Criminal Code as well as support of the preparation of the Concept of modernization of criminal law.

Legal Regulation of Prohibition of Discrimination in Criminal Legislation of Russia and Moldova

10.12737/5505 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 93-102
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Equal Rights ◽  
Constitutional Principle ◽  
Official Position ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a comparative analysis of the legal measures to combat discrimination in the criminal legislation of the Russian Federation and the Republic of Moldova. Such a problem as regulation in the criminal law of antidiscrimination is active a large scale. In the Russian criminal legislation important legal guarantee the constitutional principle of equal rights and antidiscrimination is article 136 of the Criminal Code of the Russian Federation (Violation of equality of rights and freedoms of man and citizen). Meantime, as illustration the analysis of international antidiscrimination standards and trends to expand of these prescriptions in the legislation of CIS states, this criminal norm is far from perfect. The liability for discrimination can not be treated in direction with the commission of using official position. In our view, preventive legal prohibition in the article 136 of the Criminal Code of the Russian Federation will be significantly enhanced if to ask: 1) the return of criminal liability for discrimination of any individuals; 2) criminalization new aggravating circumstances.

scholarly journals Criminal Liability for Non-Payment of Alimony: Theoretical and Practical Problems

2020 ◽  
pp. 092-099
Author(s):  
M. A. Gorbatova ◽  
◽  
V. E. Lesin ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Social Nature ◽  
The Russian Federation ◽  
Current Mechanism ◽  
Constitutive Element

The authors question the effectiveness of the current mechanism for holding accountable persons who evade paying alimony, as well as the expediency of introducing Article 157 of the Criminal Code of the Russian Federation of the institute of administrative prejudice, which gave rise to a number of legal conflicts. The problem of non-payment of alimony is of an acute social nature, and the methods of its solution must take into account, first of all, the interests of the persons for whose maintenance the necessary funds must be received. However, criminal prosecution is far from always able to solve the main problem - to ensure payment discipline of persons who are responsible for paying funds for the maintenance of children. It is proposed to abandon the administrative prejudice, and as a constitutive element of the corpus delicti, to provide for the systematic nature of the evasion of payment of funds for the maintenance of children. In addition, it is advisable to provide for the possibility of relieving the debtor from criminal liability if the maintenance obligation is paid off in full.

scholarly journals Criminal liability for unlawful operations with securities

2020 ◽  
pp. 1-10
Author(s):  
Eleonora Romanovna Vinner
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Criminal Code ◽  
The Subject ◽  
The Russian Federation ◽  
Key Aspects

The subject of this research is differentiation by key aspects of criminal liability for unlawful operations with securities established by the Criminal Code of the Russian Federation. Conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities are highlighted. Research is conducted on the problematic of the applicability of proposed differentiation for improvements of doctrinal and normative legal approaches towards regulation of criminal liability for unlawful operations with securities. Based on the conducted differentiation, proposals are made for promising vectors of improvements to the provisions criminalizing unlawful operations with securities. The scientific novelty of this research consists in the following: based on the study carried out within the framework of conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities, the author determines the problems pertaining to incompliance of administrative legal and criminal legal regulation of liability for unlawful operations with securities due to textual ambiguity of the norm of criminal law, based on which the recommendation is made to amend Part 1 of the Article 185.1 of the Criminal Code of the Russian Federation.

scholarly journals Responsibility for crimes under the articles 210 and 210.1 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 147-152 ◽  
Author(s):  
Михаил Кармановский ◽  
Mikhail Karmanovsky ◽  
Елена Косьяненко ◽  
Elena Kosyanenko
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Organization ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Federal Law ◽  
Administrative Functions ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law

Article is devoted to the changes made to the Criminal Code of the Russian Federation by the Federal law of the Russian Federation of April 1, 2019 № 46-FZ on toughening of punishment for establishing a criminal organization or participation in it. Innovations concerned all parts of article 210, in particular criminal liability amplified (generally a penalty) and part 11 of article 210 appeared. Besides, the law entered new article 210.1 of the «Occupation of the highest situation in criminal hierarchy». Having analyzed statistics, only one fact of involvement of such person to criminal liability for establishing a criminal organization is elicited. Him was «thief in law» who carried out organizational and administrative functions concerning criminal community and its participants. One example of judicial practice by part 4 of article 210 of the Criminal Code of the Russian Federation «the person taking the highest position in criminal hierarchy», proves existence of difficulties at procedural proof. However these problems will not arise in the situation provided by article 210.1 as to prove that such person makes act it is not necessary. There is enough of fact that this person holds the highest position in criminal hierarchy. Meanwhile, noted edition of the law contradicts the theory of criminal law, regarding criminal prosecution only for criminal action.

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