scholarly journals ON SOME ISSUES RELATED TO THE CRIMINAL LIABILITY OF THE LEGAL REPRESENTATIVES OF THE STATE FOR CRIMES (OFFENCES) CORRUPTION-RELATED ACTIVITIES

2021 ◽  
pp. 109-117
Author(s):  
Александр Васильевич Гайдашов ◽  
Ирина Александровна Толстова
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
The Russian Federation ◽  
State Representatives

В статье проанализированы проблемы уголовной ответственности представителей государства за преступления коррупционной направленности. Предложены меры по борьбе с коррупцией в УК РФ. The article analyzes the problems of criminal liability of state representatives for corruption-related crimes. Measures to combat corruption in the Criminal Code of the Russian Federation are proposed.

Exemption from Criminal Responsibility in Cases over Crimes in the Field of Economic Activity

10.12737/7254 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Оксана Макарова ◽  
Oksana Makarova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
Constitutional Principle ◽  
The Russian Federation

In recent years in our country the steady tendency to increase of authority of the state in the sphere of business and strengthening of economic security is observed. The state finds new opportunities of effective counteraction of crime in the economic sphere, including by means of liberalization and a humanization of the criminal legislation. Among the main acts aimed at the improvement of criminal law, can be called the Federal law of December 7, 2011 No. 420-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” which provides the special basis of release from criminal liability for commission of crimes in the sphere of economic activity. The specified basis is fixed in the new Article 761 “Exemption from criminal liability in cases of crimes in the sphere of economic activity” of the Criminal Code of the Russian Federation. In the explanatory note to this document it is noted that “such addition of the criminal law is caused by the necessity of its further humanization and counteraction to abuses in the field of investigation of economic crimes”. In the article mentioned Article 761 thoroughly analyzed in conformity with the requirements of the legal techniques and modern economic realities. The special attention is paid to the conditions of release from criminal responsibility provided for in second part of Article 761, given their critical assessment. It seems to the author that the legislator, providing special possibility of the exemption from criminal liability in cases of crimes in the sphere of economic activity had departed from the constitutional principle of equality of citizens before the law and court, having allowed thereby an inequality between the persons who have committed a crime.

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

scholarly journals ОСНОВАНИЯ СМЯГЧЕНИЯ И ИСКЛЮЧЕНИЯ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА КАРТЕЛИ НА ТОВАРНЫХ РЫНКАХ

2019 ◽  
Vol 53 (4) ◽  
pp. 136-152
Author(s):  
Anna V. Danilovskaya
Keyword(s):  
National Security ◽  
Russian Federation ◽  
State Policy ◽  
Criminal Liability ◽  
Criminal Code ◽  
Commodity Markets ◽  
The State ◽  
Economic Feasibility ◽  
Austrian School ◽  
The Russian Federation

Предупреждение и пресечение картелей как одной из угроз национальной безопасности является приоритетным направлением современной конку-рентной политики государства. Однако картели на товарных рынках (исключение – сговоры на торгах) имеют особую природу, о чём свидетельствуют разное отношение к картелям в отдельные периоды времени, позиции некоторых экономических учений и современные взгляды. Так, представители австрийской школы выступают за отмену борьбы с картелями в принципе. В различных научных источниках встречаются предложения о признании на законодательном уровне экономической целесообразности картельных соглашений в сфере НИОКР, инноваций, при реализации проектов, направленных на модернизацию и структурную перестройку отраслей, о необходимости изменения отношения к картелям, о смягчении государственной политики в отношении соглашений такого рода. Современная антимонопольная политика характеризуется жёстким запретом картелей, заключение которых влечёт уголовную ответственность при наличии всех признаков преступления. Между тем проведённое исследование позволяет сделать вывод о том, что при наличии определённых обстоятельств заключение картеля может быть экономически полезным, а значит юридически обоснованным и оправданным, чему должна при необходимости даваться соответствующая уголовно-правовая оценка. УК РФ содержит необходимые инструменты для учёта многих обстоятельств деяния, содержащего признаки преступления, при решении вопроса о привлечении к уголовной ответственности за картели. Prevention and suppression of cartels, as one of the threats to the national security, is a priority of the modern competitive policy of the state. However, cartels in commodity markets (with the exception of collusions at auction) have a special nature, as evidenced by different attitudes to cartels in certain periods of time, the positions of some economic doctrines and modern views. Therefore, representatives of the Austrian school are in favor of abolishing the fight against cartels in principle. In various scientific sources, there are proposals to recognize at the legislative level the economic feasibility of cartel agreements in the field of R&D, innovation, in the implementation of projects aimed at modernizing and restructuring industries, the need to change the attitude to cartels, and to soften state policy in relation to such agreements. Modern antitrust policy is characterized by a strict prohibition of cartels, the conclusion of which entails criminal liability if there are all signs of a crime. Meanwhile, the study allows us to conclude that in certain circumstances, the conclusion of a cartel can be economically useful, and therefore legally justified, which should, if necessary, be given an appropriate criminal legal assessment. The Criminal Code of the Russian Federation contains the necessary tools to take into account many circumstances of an act containing signs of a crime when deciding whether to prosecute cartels.

scholarly journals On the Criminal Policy Concerning Juvenile Crime in Modern Russia

2020 ◽  
Vol 14 (5) ◽  
pp. 687-698
Author(s):  
Salman Dikaev ◽  
Milana Dikaeva
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
The State ◽  
Juvenile Crime ◽  
Child Rearing ◽  
Criminal Cases ◽  
The Russian Federation

The attitude of the state towards underage criminals has considerably changed in the last decade, which is evident from the adoption of new normative legal acts determining the direction of state criminal policy concerning children. Thus, the Decree of the President of Russia declared 2018-2027 to be the Decade of Childhood, whose scope includes a comprehensive program of preventing underage crimes, the use of restorative techniques and methods of preventive work with children and their parents, etc. Sentencing practices and exemption from punishment have also been revised. The courts have started to apply criminal law measures more widely, to terminate criminal cases, exempt minors from criminal liability and punishment, and to use reconciliation programs. This lead to the reduction of both the number of young offenders institutions and the number of their inmates. At the same time, there is a trend for a harsher response of the state to some crimes of minors, which shows that the trend for the humanization of criminal policy concerning them is unstable. Widening the list of Articles included in Art. 20 of the Criminal Code of the Russian Federation, for which the age of responsibility is 14, development of draft laws providing for the reduction of the age of criminal responsibility to 12 years for very grave crimes by the State Dumas Committee for the Development of Civil Society, and others, testify to the inconsistency of lawmaking work and the absence of adequate understanding of the essence of juvenile crime. The authors show that it is necessary to widen the application of double prevention norms: it is suggested that in each case of juvenile crime it is reasonable to raise the question of prosecuting parents for non-fulfillment or undue fulfillment of child-rearing obligations when there are grounds for such prosecution (Art. 156 of the Criminal Code of the Russian Federation). It is also recommended to widen the application of norms of liability for involving minors in crimes and other anti-social actions.

scholarly journals Corruption-Related Crime from the Perspective of “Dead-Letter” Articles of the Criminal Code of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 51-54
Author(s):  
Aleksandr N. Sukharenko ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Main Principle ◽  
Law Enforcement Agencies ◽  
The Social ◽  
The Russian Federation

Despite the measures taken by the state, corruption remains one of the most serious threats to Russia’s national security. In recent years, the legislator has paid increased attention to toughening criminal liability for corruption crimes, the list of which is enshrined at the subordinate (interdepartmental) level. Taking into account the social danger of this problem, we carried out a detailed analysis of the state and dynamics of corruption crime in the country, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of “dead” articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and neutralize its main principle — the inevitability of liability for crimes.

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 GROUNDS AND PRINCIPLES OF CRIMINALIZATION OF VIOLATION OF THE PROCEDURE OF ENTRY INTO THE TEMPORARILY OCCUPIED TERRITORY OF UKRAINE AND EXIT FROM IT

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 23-35
Author(s):  
В. Г. Деркач
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
The State ◽  
Territorial Integrity ◽  
Occupied Territory ◽  
The Russian Federation ◽  
The Law

The article examines the current state of the law on criminal liability for violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine, as a result of which Art. 332-1 of the Criminal Code of Ukraine to decriminalize at least because the regime of the temporarily occupied territories is temporary, and the temporary articles of the criminal law to the world have not yet been known. The Constitution of Ukraine in Art. 17 declared that the protection of the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security are the most important functions of the state, the business of the entire Ukrainian people. The defense of Ukraine, protection of its sovereignty, territorial integrity and inviolability are entrusted to the Armed Forces of Ukraine. Ensuring state security and protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. In late 2013 - early 2014, the Russian Federation, taking advantage of the problems in our army to perform such functions, launched an open armed aggression, which, in addition to killing tens of thousands of Ukrainians, led to the illegal annexation of Crimea and occupation of Donetsk and Luhansk regions. In fact, the state border with the Russian Federation in eastern Ukraine has become a line of demarcation between the territory controlled by the state of Ukraine and the temporarily occupied territory of Ukraine. The Ukrainian Parliament reacted to this acute problem in a rather predictable way - on April 15, 2014, the Law of Ukraine № 1207-VII “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” was adopted. 332-1 "Violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine." Such a decision of the Verkhovna Rada of Ukraine provoked both sharp discussions in the science of criminal law and problems in the application of this norm in practice. Thus, during the period under study from 2014 to February 2021, we registered 212 cases of violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine. However, according to the State Judicial Administration of Ukraine, the courts of Ukraine have handed down 30 court convictions for violating the procedure for entering and leaving the temporarily occupied territory of Ukraine. Of these, 7 were handed down in 2015, 21 in 2016, and one sentence each in 2017 and 2019.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

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.

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