scholarly journals Criminal law protection of certain principles of the budgetary system of the Russian Federation

2021 ◽  
pp. 60-69
Author(s):  
Artem Aleksandrovich Pastushenko ◽  
Elena Yuryevna Antonova
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Case Law ◽  
Criminal Code ◽  
Inappropriate Use ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The subject of this research is the criminal law guarantees for the implementation of the principles of appropriate and targeted spending of budgetary resources as an element of ensuring national security of the Russian Federation. The author conducts the assessment of normative and law-enforcement material that determines the legal essence of the indicated principles of budgetary system of the Russian Federation. The article explores case law of implementation of certain norms of criminal legislation of the Russian Federation associated with contravention of the principle of appropriate use of budgetary allocations. This article is first to juxtapose the measures of criminal law protection of the principles of appropriate and targeted spending of budgetary resources. Based on the acquired results, the current position on the absence of penalties for the inappropriate use of budgetary allocations is being disputed. The conducted comparative analysis of the measures of criminal responsibility reveals large disparity with regards to protection of the two key principles of budgetary system of the Russian Federation. The author also established the presence of criminal elements that carry out preclusive function, which narrows down the capabilities of criminal law of the Russian Federation. The article offers an optimal and effective method for eliminating this problem and improving protective capabilities of the Criminal Code of the Russian Federation, including the tasks of ensuring national security.

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 The Basis for Exemption from Criminal Responsibility

2018 ◽  
pp. 161-168 ◽  
Author(s):  
E. V. Blagov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Main Body ◽  
The Public ◽  
The Future ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

The article considers the reason, adequate cause, justifying exemption from criminal responsibility. In the criminal law literature there are numerous decisions on this issue, but their main body alone can not explain why a person is exempted from criminal responsibility. The author concludes that the basis for such liberation must be sought in the personality of the culprit. Under current criminal legislation, justifying the exemption from criminal responsibility can only be elimination or significant reduction in the public danger of the person who committed the crime. In the future, it is necessary to formulate the relevant provisions of the criminal law so that the basis for this exemption is only elimination of the public danger caused by the individual. Accordingly, Art. 76. 2 and part 1 of Art. 90 are subject to exclusion from the Criminal Code of the Russian Federation and, on the contrary, inclusion in the chapter on the exemption from criminal responsibility of the relevant provisions of Art. 80.1 and part 1 of Art. 81 of the Criminal Code of the Russian Federation.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

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 Evolution of the Russian Criminal Legislation on Responsibility for Murder by Mother of her Newborn Child

Lex Russica ◽  
2019 ◽  
pp. 83-96
Author(s):  
V. B. Khatuev
Keyword(s):  
Retrospective Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Institution ◽  
Newborn Child ◽  
The Russian Federation ◽  
Criminal Legislation

Without knowledge of history, without a deep retrospective analysis of any legal institution it is impossible to imagine the ways for its further improvement. This is quite true of the institute of murder by mother of her newborn child. This paper attempts to investigate the evolution of criminal responsibility for the murder of a newborn child by the mother, to establish the attitude of the legislator to this type of crime at different stages of development of the Russian criminal legislation — from the time of Ancient Russia to the present. To this end, the main historical legislative acts on the regulation of criminal law against this act are analyzed.The problem of the considered type of murder is extremely relevant. In the Russian doctrine of criminal law there are two positions concerning Art. 106 of the Criminal Code of the Russian Federation providing the softened criminal responsibility for this crime. According to one of them, the article is relevant but it needs to be improved; according to the second point of view, it is subject to exclusion and the guilt of such a murder should be criminalized on general grounds for a classified murder. The author of the article speaks in favor of the latter point of view.

scholarly journals Criminal liability of juveniles in the Republic of Kazakhstan

2020 ◽  
Vol 2 (1) ◽  
pp. 12-26
Author(s):  
Aleksey Chistyakov ◽  
Saule Naurzalieva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Understanding ◽  
Theoretical Significance ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

The article reflects the study of juvenile delinquency in the Republic of Kazakhstan and their criminal responsibility. The scientific novelty of the research is that it was conducted on the basis of the new criminal legislation of the Republic of Kazakhstan in 2014. Therefore, the complex of issues, that were previously the subject of various studies in the light of modern realities and trends of criminal law policy of the Republic of Kazakhstan, has received a new interpretation and argumentation from the perspective of the latest opportunities for study. First, the new legislative structure for determining the basis of criminal liability (Article 4 of the Criminal code of the Republic of Kazakhstan) required a reinterpretation of the content of circumstances that lead to emergence of criminal liability among juveniles. Secondly, the legally updated content of grounds for criminal liability of juveniles in the Republic of Kazakhstan has led to an update of the quality of criminal law relations that arise between juvenile offenders and state bodies, which also need a new scientific reinterpretation. Third, the new legal concept of the basis of criminal liability presupposes the existence of a new, in relation to the previous, content of the basis for the implementation of criminal liability of juveniles. Finally, the new criminal legislation of the Republic of Kazakhstan, along with the previously existing one, has introduced new forms and types of implementation of criminal liability of juveniles, which need an updated scientific and legal analysis. Its results and conclusions, obtained personally by the author, can be regarded as having scientific novelty for the above reasons. In addition, on the basis of the theory and practice research of criminal responsibility among juveniles in the Republic of Kazakhstan, the paper formulated proposals for improving the criminal legislation of not only the Republic of Kazakhstan, but also the Russian Federation, which also have a novelty. The theoretical significance of the research is to increase and systematize knowledge about the criminal liability of juveniles due to the presence of a new basis of criminal responsibility that has not been previously developed by the Russian criminal law science. The results of scientific understanding of new forms and types of implementation of criminal liability of juveniles, introduced by the Criminal code of the Republic of Kazakhstan in 2014, such as the obligation to apologize to the victim and the establishment of probation control, have theoretical significance. The conclusions, suggestions and recommendations contained in this work enrich the scientific understanding of the features of criminal liability of juveniles in the Republic of Kazakhstan. The practical significance of the work is that the provisions and recommendations contained in it can be used both in the Republic of Kazakhstan and in the Russian Federation: in the process of standard-setting activities in improving the norms of Chapter 6 of the Criminal code of the Republic of Kazakhstan and the norms of Section V of Chapter 14 of the Criminal code of the Russian Federation; in the work of specialized inter-district courts for juveniles, considering cases against juveniles and assigning criminal penalties to them; by authorities and administration in the development of preventive measures.

scholarly journals Criminal responsibility of minors under the criminal code of the Russian Federation and the criminal code of the Azerbaijan republic: comparative characteristics

2019 ◽  
pp. 174-185 ◽  
Author(s):  
M. N. Imanly
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Criminal Legislation

The specifics of criminal responsibility and punishment of minors in both the Criminal Code of the Russian Federation and the Criminal Code of the Azerbaijan Republic are regulated separately. At the same time, there are both coincident and different prescriptions in these codes. The paper identifies the advantages and disadvantages of the relevant criminal law provisions in the legislation of the Russian Federation and the Azerbaijan Republic. In the course of analyzing the criminal codes, the author shows which standards of the Criminal Code of the Russian Federation may be useful to the Criminal Code of the Azerbaijan Republic and vice versa. Some provisions on the criminal responsibility of minors are proposed to be removed from the criminal legislation of both countries, while others are to be introduced into it.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

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.

scholarly journals Encouragement to Commit Suicide or Assisting with Suicide: Critical Analysis

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 151-159
Author(s):  
T. D. Ustinova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
The Russian Federation ◽  
A Minor ◽  
Criminal Legislation ◽  
Commit Suicide

Taking into account recent changes in criminal legislation, the paper critically analyzes the features of a newly introduced crime in the criminal code, such as encouraging to commit suicide or assisting with suicide (article 110.1). Special attention is given to the methods of encouraging and facilitating suicide in terms of their validity, accuracy, content and the need to list them in the criminal law. Examples of excessive detail in the formulation of certain criminogenic characteristics are given, which contradicts the principles of legal technique. These include features such as persuasions, suggestions, advice, instructions, information, and a promise to conceal the tools or means of committing suicide. The elements of these crimes are considered in detail from the point of view of their relevance and reflection of the degree of public danger of the committed acts. This statement refers to such characteristics of victims that aggravate criminal responsibility, such as the age of a minor, the state of pregnancy, financial or other dependence on the perpetrator. The author proposes solutions for the classification of disputable situations when the crimes in question are committed against minors, the insane, or persons suffering from mental disorders. The paper considers cases when the studied crimes may be committed by a criminal community, and lists options for the classification of what was done. Special attention is given to the classification of encouragement to commit a terrorist act by self-detonation. The issue of responsibility of a minor who encourages a minor to commit suicide or contributes to his / her suicide has been raised as a matter of discussion. Proposals are made to improve the disposition of the criminal law norm. The author expresses reproaches to the notes to article 110.2 of the Criminal Code of the Russian Federation, which provides exemption from criminal responsibility in the commission of the investigated crime, and proposes a new edition of notes, which must be placed after the text of article 110.1 of the Criminal Code of the Russian Federation, taking into account characteristics of the main and aggravated offenses.

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