scholarly journals Issues of qualification of crimes against life and health

2017 ◽  
Vol 1 (3) ◽  
pp. 135-142
Author(s):  
Olga Artyushina
Keyword(s):  
Criminal Code ◽  
Federal Law ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Judicial Errors ◽  
The Individual ◽  
Criminal Legislation ◽  
Difficult Cases

The subject. The key and, in the author's opinion, the most interesting questions of thequalification of intentional crimes for life and health are determined in a strategic waybased on the study of scientific literature and materials of judicial practice, as well as monitoringof contemporary reality.The purpose of the paper is to investigate the problems of redundancy and the gap in thecriminal law in this area, as well as the difficulties in applying the relevant norms, takinginto account the recommendations of the Plenum of the Supreme Court of the Russian Federation.The methodological basis of the work is dialectical-materialistic, logical, historical, systemstructural,as well as comparative-legal and concrete sociological methods.The main results and scope of it’s application. It is proposed to decriminalize the beatingsprovided for in Art. 116 of the Criminal Code of the Russian Federation, with the introductionof appropriate changes to the version of Article 116.1 of the Criminal Code of the RussianFederation. The problem of an absolute gap in the field of criminal and legal protectionof the individual from new types of causing death and involving minors in a suicidal behaviorpattern, including using the Internet, is being raised. A draft of Federal Law No. 118634-7,submitted by I.A. Yarovaya in March 2017, is overviewed and practical recommendationsfor improving the criminal legislation of Russia are formulated.Conclusions. After the analyzing the most difficult cases of competition, the conclusion isbased on the decisive significance of the expert's conclusion about the presence or absenceof affect for the qualification of these crimes. In order to avoid a superficial approach to lawenforcement and, as a consequence, judicial errors, it is proposed to oblige the courts ineach case, when establishing relevant facts, to appoint a forensic expert examination tocheck whether the perpetrator has a sudden violent emotional excitement (affect).

PUNISHMENT FOR SLANDER

2021 ◽  
pp. 50-63
Author(s):  
Tatyana A. Plaksina ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Legal Response ◽  
Judicial Practice ◽  
Previous Edition ◽  
The Supreme Court ◽  
Explanatory Memorandum ◽  
The Russian Federation ◽  
High Share

Federal Law No. 538-FZ of 30 December 2020 substantially tightened the sanctions of the libel article, which previously contained only fines and compulsory labour, by including com-pulsory labour, arrest and imprisonment in most of them. The explanatory memorandum to the bill explained the changes by the need to provide the court with the choice of fair punish-ment, without specifying this provision in detail. As part of the research described in the article, statistics for the Russian Federation for 2013-2020 were taken from the reports of the Judicial Department of the Supreme Court of the Russian Federation to study the practice of punishment for defamation. The analysis showed that law enforcers used the potential of sanctions of Article 128-1 of the Criminal Code in their previous edition to a very limited extent. This was reflected in the high share of fines among penalties imposed, as well as in insignificant amounts of fines even for qualified and especially qualified types of libel, despite the fact that sanctions provide for high maxi-mum fine limits - from RUB 500,000 in part 1 of Article 128-1 of the Criminal Code to RUB 5 million in part 5. In particular, the share of fine among penalties imposed for simple libel was over 85%, and the average fine was equal in 2018 to RUB 11,500. - 11.5 thousand roubles, in 2019 - 13.7 thousand roubles, in 2020. - 16.3 thousand roubles. In 2018, the average fine for public libel (part 2, article 128-1 of the Criminal Code) was 19,500 rubles; in 2020 - 23,100 rubles. - The sanction allowed for a fine of up to 1 million roubles, while the sanction allowed for a fine of up to 1 million roubles. Moreover, over a quarter of those convicted for especially qualified defamation under part 5 of article 128-1 of the Criminal Code were sentenced to a fine of 5,000 rubles, i.e., one thousand times less than the maximum limit established by the sanction. Only in single cases of slander convictions, the fine exceeded 100 thousand rubles. The establishment of custodial sentences for qualified and especially qualified types of defamation seems excessive: a verbal crime against a person's honour and dignity does not require such a harsh criminal legal response. Moreover, the legislator has designed sanctions with too broad a framework, fraught with the risk of arbitrariness in sentencing and the for-mation of contradictory judicial practice (for example, under part 5 of article 128-1 of the RF Criminal Code, both a fine of 5 thousand rubles, and imprisonment for the period of 5 years can be imposed). The inclusion of arrest in the sanction cannot be considered justified, as this type of punishment has not been introduced yet. The optimum way to improve the sanctions for the part 2 to 5 parts of Article 128-1 of the Criminal Code of the RF would be to enhance them with correctional labour and restriction of freedom. These types of punishments corre-spond to the typical level of public danger of qualified and especially qualified types of slan-der and perpetrators of such deeds. Their inclusion in the sanctions would compensate for the disadvantages of the latter, related to the restrictions enshrined in the law on imposing com-pulsory works and large fines.

scholarly journals Mediation in Bribery as a New Type of Criminal Professional Activity: Statement of the Problem and Issues of Qualification

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Yaroslav Garmyshev ◽  
Anna Khristyuk
Keyword(s):  
Criminal Policy ◽  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Code ◽  
Professional Activity ◽  
Judicial Practice ◽  
The Supreme Court ◽  
New Type ◽  
The Russian Federation ◽  
Criminal Legislation

The article examines the interrelation between the structure of mediation in bribery in modern criminal legislation of Russia and the criminal activity performed on the professional basis, justifies the need to study the prerequisites for such an interrelation when countering corruption-related crimes, determining the object of legal protection. The article is also devoted to the issues of qualification of mediation in bribery in relation to the current level of criminal policy in Russia. The authors examine the topical problems of criminal and law assessment of mediation in bribery, promises or offers of mediation in bribery based on objective and subjective characteristics of the analyzed body of the crime. The article pays attention to a number of controversial formulations in art. 291.1 of the Criminal Code of the Russian Federation as applied to the theory of criminal law and modern law enforcement, offers author's interpretations, taking into account the rules of formal logic, explanations of judicial practice by the Supreme Court of Russia, determines the algorithm for qualification of mediation in bribery and criteria for distinguishing from related bodies of crimes.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals FEATURES OF QUALIFICATIONS FRAUD IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 13 (1-2) ◽  
pp. 113-116
Author(s):  
Stanislav V Rozenko ◽  
Ksenia A Murzina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Serious Crime ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of determining a fraud in the Russian criminal law. The relevance of the topics currently defined by the presence of problems of qualification of fraud resulting from new approaches to the criminalization of theft. The subject is article 159 of the criminal code. Tasks of the article: suggestion when you know the subject of the crime under-ruined article 159 of the criminal code, in accordance with the current changes of the civil legislation of the Russian Federation, people's property, which includes rights of property; to add to article 159 of the criminal code a qualified sign of the Commission of a fraud committed by a group of individuals that alows you to qualify actions of guilty, in the case of lack of proof of their collusion, as a more serious crime than fraud committed by more than one individual; it seems necessary to define in the explanation of the resolution of Plenum of the Supreme Court position on the percenage of the causes of harware damage with the income of the victim or the aggregate income of the family of the victim, taking into account the number of family members.

scholarly journals The Analysis of Key Provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 09.07.2020 No. 18 “On Judicial Practice in Cases of Illegal Crossing of the State Border of the Russian Federation and Crimes Related to Illegal Migration”

2020 ◽  
pp. 076-083
Author(s):  
P. A. Akimenko ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Illegal Migration ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Uniform Law ◽  
The Russian Federation ◽  
Criminal Legislation

The norms introduced at different times into Russian criminal legislation and enshrined in Articles 322, 3221, 3222 and 3223 of the Criminal Code of the Russian Federation have a number of legal defects, resulting in a controversial practice that has generated a lot of debate in the scientific community regarding this research issue. There was a need to accumulate and analyze the existing judicial practice, taking into account advanced scientific views. As a result, the Plenum of the Supreme Court of the Russian Federation issued a Resolution aimed at regulating criminal liability for violations of migration legislation. After that, the author of the article conducts a detailed analysis of the said judicial act and on this basis draws conclusions about the set of positive and negative aspects contained in it in order to help create a uniform law enforcement practice.

scholarly journals Features of Mental Elements of Bribery Facilitation

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Factors ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation

The article provides a description of relevant features of the mental elements of the crime regulated by Article 291.1 of the Criminal Code of the Russian Federation. The paper also examines the general actor of the specific corruption act by applying a criminological approach and analyzing the empirical base for this category of criminal encroachment. The author researches the "physical" and "intellectual" bribery facilitation ways defined in the literature. Detailed attention is paid to optional features of the mental elements of mediation in bribery, such as: "motive" and "purpose" of the crime. The author proposes his definition of the mental elements of mediation in bribery, and provides the list of the social factors that influence the commission of a crime under Articles 291.1 of the Criminal Code of the Russian Federation having studied law enforcement practice and interviewed representatives of the general population of the Russian Federation. The results of this study can be used for further improvement of the criminal legislation of the Russian Federation, in terms of amendments and additions to the qualifying factors of bribery facilitation and the introduction of appropriate explanations in the current resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 of 09 July 2013 "On judicial practice in cases of bribery and other corruption-related crimes".

scholarly journals Sports crimes: issues of systematic approach, criminalization and qualifications

2021 ◽  
Vol 108 ◽  
pp. 02009
Author(s):  
Oleg Alexandrovich Dizer ◽  
Irina Gennadievna Bavsun ◽  
Andrey Viktorovich Zarubin ◽  
Vladimir Nikolaevich Safonov ◽  
Georgy Yurievich Sokolsky
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Method ◽  
The Supreme Court ◽  
Specific Object ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The study prerequisites are the fragmentation in the current criminal legislation of criminal law standards protecting the field of sports, as well as the issues of criminalization of acts in sports and the qualification of sports crimes. The study aims to solve the issues of systematization of regulatory provisions, the object of which is social relations in sports, taking into account the characteristics of the generic and specific objects, the degree of encroachment danger. The methods included the dialectical method, abstraction, analysis, synthesis, deduction, formal legal method, method of comparative jurisprudence. The results and novelty of the study reside in the conclusions about the advisability of identifying a separate specific object of criminal law protection (social relations in sports), which would systematize related and close acts not only in professional sports but also at all levels of official sports competitions. In this context, the issues of criminalization and qualifications of causing harm to life and health of an individual in violation of the sport rules, exerting unlawful influence on the result of an official sports competition, actions provided for in Art. 230.1 and 230.2 of the Criminal Code of the Russian Federation, as well as the synchronization of the subject of the latter with the subject of Art. 234 of the Criminal Code of the Russian Federation. Based on the foregoing, the recommendation of isolating a separate chapter in the Criminal Code of the Russian Federation and issuing a separate Resolution of the Plenum of the Supreme Court of the Russian Federation on crimes in sports is substantiated. Such measures will be able to optimize the criminal law protection of such an important sphere of public life as sports. In addition, this will make it possible to bring the quality of domestic criminal legislation and sports legislation to the international level and significantly increase the prestige of the Russian Federation.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

scholarly journals ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Criminal Liability ◽  
Criminal Code ◽  
Military Vehicles ◽  
Judicial Practice ◽  
Observation Methods ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

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