scholarly journals HATE CRIMES, THE HATE SPEECH PHENOMENON, PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE RUSSIAN APPROACH TO DETERMINING EXTREMIST ACTIVITY

2020 ◽  
Vol 4 (1) ◽  
pp. 106-122
Author(s):  
Vyacheslav V. Koryakovtsev ◽  
Kseniia V. Pitulko ◽  
Anzhelika A. Sergeeva
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Hate Speech ◽  
Legal Protection ◽  
Criminal Code ◽  
Hate Crimes ◽  
Legal Concept ◽  
European Court ◽  
The Russian Federation ◽  
Definition Of

The subject of the research is criminal law rules that provide for criminal liability for hate crimes and the judicial decisions of the European Court of Human Rights on hate crimes. The purpose of the article is to confirm or refute the hypothesis that a unified approach to the definition of the legal concept of hate speech and the limits of its application is nec-essary. This approach must be based on the legal positions of the European Court of Hu-man Rights The research methodology includes analysis and interpretation of court decisions of the European Court of Human Rights, as well as a dialectical approach to the analysis of vari-ous points of view to the definition of extremist activity. The main results and scope of their application. The relevance of the research proposed for publication is due to the lack of uniform practice of applying the articles of the Russian Criminal Code on so-called "hate crimes" by Russian courts and the presence of signifi-cant contradictions in the positions of the European Court of Human Rights and the state position of the Russian Federation in defining key concepts in this area that are extremely important for criminal procedure and administrative activities. The paper considers scien-tific and practical attempts to define "hate crimes" in the global and regional human rights systems, basic recommendations of the UN on countering such crimes, and offers an interpretation of the term hate speech in relation to the related criminological concept of hate crime. The text provides statistical data describing the level of such crime and the practice of the ECHR in this area, mentions a list of criteria according to which "hate crimes" can be motivated by language differences, gender, sexual orientation and other characteristics, as well as criteria that distinguish hate speech from freedom of expres-sion, and suggests decriminalization of part 1 of article 282 of the Russian Criminal Code. Conclusions. It is necessary to unify the concepts of "hate crimes" (and the practice of their application) in the direction of, in particular, reducing the number of decisions of the European Court of Human Rights against the Russian Federation and increasing the level of legal protection of both the individual citizen of the Russian Federation and freedom of speech and expression.

scholarly journals Reforming the National System of Law as a Response to Pilot Rulings

2021 ◽  
Vol 2 ◽  
pp. 116-119
Author(s):  
O.A. Golikova ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Protection ◽  
European Convention ◽  
National System ◽  
Judicial Practice ◽  
European Court ◽  
The Russian Federation ◽  
Executive System

The article deals with the problem of implementation by the Russian Federation of the provisions of the European Convention on human rights of 1950. the article Deals with systematic violations of article 3 of the Convention in the framework of the criminal Executive system. The article analyzes the judicial practice of the European court of human rights in the light of violations of this article. The practice of making pilot judgments by the Court is noted as a measure of improving the mechanism of legal protection, namely, improving the conditions of transportation of persons deprived of liberty.

scholarly journals SOME PROBLEMS OF DETAINEES AND PERSONS’ SENTENCED TO IMPRISONMENT NUMBER REDUCING IN THE RUSSIA FEDERATION

2019 ◽  
Vol 1 (86) ◽  
pp. 61
Author(s):  
Vladimir Rudnev
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Policy ◽  
Criminal Code ◽  
Negative Consequences ◽  
European Court ◽  
The Russian Federation ◽  
Federal Laws

Some aspects оf criminal policy related to the number of detainees and persons convicted to imprisonment have been disclosed in the paper. The repressiveness’s increase of the Russian Federation Criminal code, which was adopted in 1996 has been discussed. The author has concluded that there is a necessity in reducing of the number of detainees and persons convicted to imprisonment in the Russia Federation. The negative consequences of detention and serving a sentence in jail have been emphasized. Courts’ work on the application of a preventive measures in the form of detention have been analyzed. The shortcomings of the Russian Federation of criminal-procedural legislation have been pointed out. The author pays attention on the extension of detention periods. It is concluded that there is necessity in strengthening of the court power. It is proposed to develop specialization of judges. The suggestion about introducing of the position of penitentiary judge has been supported. The decisions of European Court of Human Rights are provided. The suggestions for improvement of some federal laws are made. It is proposed to adopt a law about probation.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

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.

Presumption of Innocence as a Principle of Administrative Offense Proceedings

2021 ◽  
Vol 1 ◽  
pp. 30-34
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Presumption Of Innocence ◽  
Judicial Practice ◽  
European Court ◽  
The Russian Federation

The presumption of innocence is defined as one of the key principles of proceedings on the cases of administrative offenses. Using the current legislation, the legal positions of the highest courts of the Russian Federation and the European Court of Human Rights, judicial practice, the author reveals the essence of the presumption of innocence by highlighting the elements of this principle and characterizing their content.

scholarly journals Land dispute as an object of arbitration process

2021 ◽  
Vol 39 (3) ◽  
pp. 118-122
Author(s):  
M. A. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Structural Elements ◽  
Legal Concept ◽  
Land Dispute ◽  
Correct Definition ◽  
Arbitration Process ◽  
The Subject ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Definition Of

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.

scholarly journals Theoretical analysis of legislative definition of the regime in correctional institutions: problems and ways to solve them

2021 ◽  
Vol 7 (1) ◽  
pp. 70-75
Author(s):  
V. E. Juzhanin ◽  
D. V. Gorban'
Keyword(s):  
Theoretical Model ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Penal System ◽  
Correctional Institutions ◽  
Scientific Thought ◽  
General Part ◽  
The Russian Federation ◽  
Definition Of

The article provides a theoretical analysis of Part 1 of Article 82 of the Criminal Code of the Russian Federation, which defines the regime in correctional institutions of the Russian penal system. It is noted that this definition does not correspond to the achievements of modern penitentiary scientific thought about the regime. In particular, it is emphasized that the regime cannot provide conditions for serving a sentence, since it includes these conditions. Also, the regime cannot ensure the protection of convicts, supervision over them and separate maintenance of different categories of convicts, since, on the contrary, the latter are the means of ensuring the regime. According to the authors of the article, the legislator incorrectly uses the phrase regime of detention of convicts, meaning regime of serving a sentence, since they are different legal phenomena. It is noted that the most optimal definition of the regime is presented in the theoretical model of the general part of the new Criminal Code of the Russian Federation, prepared by a group of authors, but the authors also subjected this definition to some adjustments.

scholarly journals The Material and Procedural Aspects of Non Bis In Idem Principle in Proceedings on Administrative Offenses

2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Procedure ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.

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.

Sign in / Sign up

Export Citation Format

Share Document