scholarly journals Ideological Foundations of the Provisions of the Criminal Code on Crime and Punishment

2021 ◽  
Vol 17 (3) ◽  
pp. 69-75
Author(s):  
A. V. Shesler
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Crime And Punishment ◽  
Essential Properties ◽  
Criminal Penalties ◽  
Liberal Approach ◽  
Criminal Legislation

The article examines the ideological foundations of modern criminal legislation, in the aspect of crime and criminal punishability of socially dangerous acts. The author examines the influence of conservative and liberal approaches on the formation of the criminal law, its consistency, as well as the content of individual institutions and provisions. The degree and quality of such an impact of the liberal approach on the essential properties and substantive aspects of criminal legislation is thoroughly studied. In this regard, the author gives illustrative examples of negative manifestations of liberal views, argues argumentatively about the need to reflect the conservative value approach in the current criminal law. Similarly, the question of the manifestations of the liberal idea in the aspect of the formation of the penalization component of the Criminal Code is considered. It is argued that the rejection of the punitive concept of punishment led to the desystematization of the list of criminal penalties.

Problems of criminal law regulation of replacement of the unserved part of the sentence with a milder type of punishment

2020 ◽  
pp. 122-133
Author(s):  
Александр Алексеевич Урусов
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Clear Trend ◽  
Early Release ◽  
Judicial Practice ◽  
Original Sentence ◽  
Effective Use ◽  
Criminal Legislation ◽  
Law Regulation

В статье устанавливается ряд проблем уголовно-правового регулирования института замены неотбытой части наказания более мягким видом наказания, имеющих теоретическое и правоприменительное значение. В рамках статьи исследованы различные точки зрения ученых относительно исследуемой проблемы, проанализирована судебная практика о замене неотбытой части наказания более мягким видом наказания. Проведен сравнительный анализ двух видов досрочного освобождения от наказания (условно-досрочного освобождения и замены неотбытой части наказания более мягким видом наказания). Основное внимание уделяется исследованию возможности повторного применения к осужденному правил УК РФ о досрочном освобождении. Анализ реализации исследуемых видов досрочного освобождения показал, что ранее они не имели широкого распространения, но в последние годы не только прочно заняли свое место в юридической практике, но и, более того, демонстрируют отчетливую тенденцию к расширению применения. Аргументируется необходимость законодательного закрепления условного характера замены неотбытой части наказания более мягким видом наказания как вида досрочного освобождения от отбывания наказания. В ст. 80 УК РФ следует установить определенные условия, несоблюдение которых может повлечь отмену замены наказания. В этом случае осужденный должен быть направлен для отбывания первоначально назначенного ему вида наказания. Предложенные в статье изменения уголовного законодательства в области реализации замены неотбытой части наказания более мягким видом наказания будут способствовать эффективному применению данного поощрительного института, повышению качества предупредительного и исправительного воздействия на правонарушителей. The article identifies a number of problems of criminal law regulation of the institution of replacing the unserved part of the sentence with a milder type of punishment, which have theoretical and law enforcement significance. The article examines the various points of view of scientists, set out in the special literature, regarding the problem under study, and analyzes the judicial practice of replacing the unserved part of the punishment with a more lenient type of punishment. A comparative analysis of two types of early release from punishment (parole and replacement of the unserved part of the sentence with a more lenient type of punishment) is carried out. The main attention is paid to the study of the possibility of re-applying the rules of the criminal code of the Russian Federation on early release to a convicted person. The analysis of the implementation of the studied types of early release showed that previously they were not widely used, but in recent years they have not only firmly taken their place in legal practice, but also, moreover, shows a clear trend to expand their use. The author argues for the need to legislate the conditional nature of replacing the unserved part of the sentence with a milder type of punishment as a type of early release from serving a sentence. In article 80 of the criminal code should establish certain conditions, the violation of which may result in cancellation of commutation. In this case, the convicted person must be sent to serve the original sentence. The changes in the criminal legislation proposed in the article in the field of implementing the replacement of the unserved part of the sentence with a more lenient type of punishment will contribute to the effective use of this incentive institution, improving the quality of preventive and correctional impact on offenders.

scholarly journals Pecuniary Penalties within the System of Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
pp. 92-96
Keyword(s):  
Criminal Law ◽  
General Trend ◽  
Criminal Code ◽  
Hierarchical Order ◽  
Criminal Penalties ◽  
Principles Of Justice ◽  
The Republic ◽  
Criminal Legislation ◽  
State Body

In the article, the institution of pecuniary penalties (fie, correctional labor) in the criminal legislation of Kazakhstan is analyzed. The author identifis peculiarities of these penalties and their objectives. It is stated that, despite of the general trend to humanizing criminal law set by the Conception of law policy of the Republic of Kazakhstan in 2010–2020, the potential of the discussed penalties has not been fully utilized. The causes are: 1) diffiulty of implementation of these sanctions by courts, and 2) imperfection of the Criminal Code. The author compares penalties for taking bribes and for a fraud committed by an offiial of a state body. Despite of the similarity between these two crimes the sanctions differ very much. The fist crime is punishable by monetary fies while the second one is sanctioned exceptionally by imprisonment. In the author’s opinion, such a situation contradicts the principles of justice and humanization of punishments and breaks the hierarchical order of the system of criminal penalties. The diffiulties of execution of pecuniary penalties are discussed as well. In particular, the periods for paying fies are too short. The author proposes some measures for improving the criminal legislation of the Republic of Kazakhstan in this fild.

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 The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

scholarly journals Criminal Law Protection of Reproductive Health: Current Challenges

2019 ◽  
Vol 12 (2) ◽  
pp. 147-153
Author(s):  
E. L. Sidorenko
Keyword(s):  
Reproductive Health ◽  
Human Genome ◽  
Criminal Law ◽  
Policy Development ◽  
Practical Importance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Research Findings ◽  
The Individual ◽  
Criminal Legislation

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

New Protection Status of Juvenile Victims with the Passage of the New Criminal Legislation in Cambodia

2009 ◽  
Vol 4 ◽  
pp. 1-34
Author(s):  
Stan V. Starygin
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
International Community ◽  
Criminal Legislation

AbstractThis article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian criminal law, has changed with the passage of the new criminal legislation and whether this change is positive or otherwise. The quality of this change, henceforth, will demonstrate to the reader whether the overall reform of the juvenile justice component of Cambodia's criminal justice system, which has spanned over the last 15 years and has been funded by the international community, has been a success. The author has limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile victims and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.

The Influence of Christianity on the Development of Institutions of Crime and Punishment in Russia

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Наталия Акимова ◽  
Nataliya Akimova
Keyword(s):  
Criminal Law ◽  
Social Life ◽  
Criminal Behavior ◽  
Customary Law ◽  
Spiritual Support ◽  
Cultural Traditions ◽  
Crime And Punishment ◽  
Christian Religion ◽  
Criminal Legislation ◽  
The Church

The article deals with the issues, related to the problem of correlation between law, religion, morality and cultural traditions in the context of criminal behavior. The article analyses tendencies in determinism of philosophical-religious beliefs developed on the basis of centuries-long experience of Christianity, and their influence on the formation and development of the domestic criminal legislation. In her research the author founds upon such sources as the Statute of Prince Vladimir, the Russian Truth, the Code of Tsar Aleksey Mikhailovich. The author draws the conclusion that throughout the whole period of the Christian religion existence, the church and the state have never stayed apart from each other. The church has had a major impact on various aspects of social life, including formation of the customary law, which was one of the factors that seriously affected the development of the modern criminal legislation. Criminal law and the legislation of the pre-revolution Russia had gone hand-inhand with the Christian religion all the way up through the October Revolution of 1917, always finding from its ally spiritual support and canonic recipes to criminalize certain socially dangerous actions, and also to differentiate responsibility and individualize punishment.

Criminal law and digital crime: problems and solutions

2018 ◽  
Author(s):  
Евгений Русскевич ◽  
Evgeniy Russkevich
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Schools ◽  
Computer Data ◽  
Digital Crime ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Theoretical Issues

The monograph is devoted to the complex of theoretical and applied problems of adaptation of the domestic mechanism of criminal law protection to the "digitalization" of crime in the conditions of formation of the information society. Along with General theoretical issues, foreign criminal legislation and the provisions of international law are deeply analyzed. The paper presents a refined criminal-legal characteristics of crimes in the field of computer information, including the novelties of the Russian criminal law — the illegal impact on the critical information infrastructure of the Russian Federation (article 2741 of the criminal code), developed proposals for the differentiation of criminal liability for attacks on the security of computer data and systems, developed scientifically sound recommendations for qualification. The monograph is designed for researchers, teachers, practicing lawyers, students and postgraduates of law schools and faculties.

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER (ARTICLE 106 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (4) ◽  
pp. 639-646
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sociological Study ◽  
Distinctive Features ◽  
Judicial Practice ◽  
Newborn Child ◽  
The Russian Federation ◽  
Legislative Structure ◽  
Criminal Legislation

This article examines the features of the Russian criminal law norm that provides for liability for the murder of a newborn child by a mother. We analyzed the data of the Judicial Department on the statistics of convicts for 2016 and 2019 under Article 106 of the Criminal Code of the Russian Federation in relation to the indicators of other privileged elements of murder, indicating the latency of this type of crime. The article also examines some features of the legislative structure of Article 106 of the Criminal Code of the Russian Federation, accompanied by examples of judicial practice. The article examines the criminal law norms providing for responsibility for infanticide, the legislation of Italy, Austria, Switzerland, Holland and Denmark, and highlights the distinctive features of Article 106 of the Russian criminal legislation. The article presents proposals for possible improvement of the norms of the Criminal Code of the Russian Federation on responsibility for the murder of a newborn child by a mother, confirmed by the indicators of a sociological study.

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