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 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 The Criminological and Legal Aspects of Using the Deferral of Punishment

2020 ◽  
Vol 14 (6) ◽  
pp. 834-844
Author(s):  
Alexandr Kuznetsov ◽  
Roman Novikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
Socially Relevant ◽  
Chelyabinsk Region ◽  
Key Aspects ◽  
The Impact

The institute of the deferral of punishment is one of the steadily developing institutes of contemporary criminal law in the Russian Federation that reflects a trend for the humanization of punishment, the economy of repressive criminal law measures, and for widening the list of measures and sanctions alternative to punishment. The relevance of the key aspects of research presented in the article is connected with the fact that the evolution of the institute of deferral of punishment in the doctrine of criminal law gives rise to a number of discussions both about the legal nature of this institute, its role and place among other criminal law measures, and the specific features of its application in the practice of law enforcement. Deferral of punishment is a socially relevant institute in Russian criminal law aimed at the correction of convicts without severing their socially relevant links. The impact of the requirements of international legislation on reducing the number of persons isolated from society and a wide use of alternative punishments in Russia have lead to a wider application of the deferral of punishment. The authors analyze specific aspects of the legal regulation of the deferral of punishment, study the criminologically relevant characteristics of persons to whom this criminal law measure is applied, as well as the law enforcement practice of appointing and enforcing the deferral of punishment. They present the results of surveying 250 convicts, and also of interviewing 300 employees of the penitentiary system, who ensure compliance with the requirements of law on the deferral of punishment in a number of regions of the Russian Federation, such as the Udmurt Republic, the Bashkortostan Republic, Kurgan Region, Kirov Region, Sverdlovsk Region, Chelyabinsk Region and Perm Region. The research also includes the analysis of departmental and court statistics, federal legislation and departmental normative acts. The conducted research allowed the authors to present their suggestions on improving the current legislation of the Russian Federation that regulates the penitentiary sphere.

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.

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.

scholarly journals The use of compulsory medical measures against convicts: problems of differentiation and individualization

2019 ◽  
Vol 13 (1) ◽  
pp. 85-90
Author(s):  
A. L. Santashov ◽  
◽  
N. М. Efremova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Aspects ◽  
Criminal Code ◽  
Security Measures ◽  
Current Trends ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Description

The subject of research in the article was the theoretical and applied problems of the application of compulsory measures of a medical nature to those sentenced to imprisonment. The author addresses the legal aspects of the phenomenon under study, analyzes current trends in criminal policy and foreign experience. It has been established that in most countries compulsory medical measures are considered as a type of other criminal law measures (security measures). The purpose of the study is to give an objective description of the relevant means of differentiation and individualization, to identify gaps and shortcomings in the regulatory framework and to formulate proposals for improving legislation in the designated area. The results of the study was a scientifically based evaluation of the work of the domestic legislator on the regulation of the use of compulsory medical measures in the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation.

Problems of criminal liability for illegal crossing of the State border of the Russian Federation and their solutions

2019 ◽  
Vol 13 (1) ◽  
pp. 90-96
Author(s):  
T. N. Utorova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Current Situation ◽  
The State ◽  
The Subject ◽  
The Russian Federation ◽  
Forced Migrants ◽  
Criminal Penalties

The article analyzes the signs of a crime provided for by Art. 322 of the Criminal Code «Illegal crossing of the State border of the Russian Federation.» The subject of the research is the problems of criminal law protection of the state border. The author has uncovered the issues of qualifying actions to cross the border outside checkpoints, justifies the need to criminalize such actions. The evaluation of punishment differentiation with the use of qualifying signs is given. A proposal was made to unify the use of homogeneous qualifying circumstances — signs of qualified and specially qualified elements of crimes, such as “a group of persons by prior agreement is an organized group”; «with the use of violence not dangerous to life and health or with the threat of violence - with the use of violence dangerous to life and health.» The necessity of expanding the circle of persons who are not subject to criminal liability is substantiated by pointing out in the footnote to article 322 of the Criminal Code of the Russian Federation on persons applying for any asylum and forced migrants. It was proposed to supplement the list of criminal penalties with expulsion applicable only to foreign citizens and stateless persons. As a result the author concludes that the order of management in the area of crossing the state border is not sufficiently protected and that the requirements for differentiating responsibility are not complied with. There are offered options to overcome the current situation.

scholarly journals Going through training for the purpose of carrying out terrorist activity

2020 ◽  
pp. 89-103
Author(s):  
Georgii Moskalev
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Body ◽  
Legal Analysis ◽  
Minimum Age ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side

The subject of this research is the provision on criminal liability for training for the purpose of carrying out terrorist activities. In the course of this research, the author determines the content of the elements of a crime stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, defines boundaries of this criminal violation, as well as makes recommendations on the improvement of its legal regulation. The article is based on the component legal analysis of the body of crime, stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, with application of such methods of legal hermeneutics as grammatical and systemic interpretation. It was revealed that de facto, a direct object of crime envisaged by the Article 205.3 of the Criminal Code of the Russian Federation differs depending on the type of crime for which the subject is undergoing training; while the objective side of crime consists in training, including self-training of the subject. The article criticizes the legislator’s decision to establishing a minimum age threshold (14 y.o.) for the subject of crime, as well as the method to describe the purpose in disposition of the Article 205.3 of the Criminal Code of the Russian Federation. The author describes the cases when introduction of the Article 205.3 of the Criminal Code of the Russian Federation allows double prosecution for the same offence, as well as regulation of a stiffer penalty for preparation, in comparison with the completed substantive crime, which in both cases violates the principle of justice (Article 6 of the Criminal Code of the Russian Federation).  A proposal is made to exclude the Article 205.3 from the Criminal Code of the Russian Federation, as well as introduce a special rule on the boundaries of punishment for preparation of terrorist acts.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

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.

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