scholarly journals ON THE QUESTION OF CRIMINAL LEGAL PROTECTION OF PRIVATE LIFE

2021 ◽  
pp. 118-125
Author(s):  
Татьяна Геннадьевна Лепина
Keyword(s):  
Information Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Private Life ◽  
Judicial Practice ◽  
Methods And Techniques ◽  
The Russian Federation

В статье рассматриваются особенности совершения преступлений, посягающих на неприкосновенность частной жизни. Приводятся примеры судебной практики, демонстрирующие разнообразие способов и приемов, используемых лицами, нарушающими соответствующий уголовно-правовой запрет. Анализируются цели и мотивы совершения рассматриваемых преступлений, от которых находятся в зависимости характер и степень общественной опасности деяния. Наибольшей масштабностью отличаются посягательства на неприкосновенность частной жизни, совершаемые крупными компаниями. Информационная безопасность является неотъемлемой частью общей безопасности человека. Думается, существует необходимость введения различных мер, направленных на ограничение распространения «экономики наблюдения». Для противодействия совершению соответствующих деяний следует использовать уголовно-правовые средства. Одним из вариантов решения данной проблемы может стать дополнение ст. 137, 138 квалифицированными составами, предусматривающими уголовную ответственность для сотрудников юридических лиц, собирающих личные данные людей в коммерческих целях. Помимо этого, может потребоваться введение новой статьи в гл. 26 УК РФ. Другим путем решения рассматриваемой проблемы могло бы стать создание в российском уголовном законе отдельного раздела (или главы), объектом которого стала бы информационная безопасность. The article examines the features of the commission of crimes that infringe on the inviolability of private life. Examples of judicial practice are given, demonstrating the variety of methods and techniques used by persons who violate the relevant criminal law prohibition. The goals and motives of committing the crimes under consideration are analyzed. The nature and degree of their social danger are determined depending on these signs of a socially dangerous act. The most widespread attacks on privacy by large companies. It seems that there is a need to introduce various measures aimed at limiting the spread of the «surveillance economy». Information security is an integral part of overall human security. Criminal legal means should be used to prevent the commission of the relevant acts. One of the options for solving this problem may be the addition of articles 137, 138 with qualified compositions providing for criminal liability for employees of legal entities. In addition, it may be necessary to introduce a new article into Chapter 26 of the Criminal Code of the Russian Federation. Another way of solving the problem under consideration could be the creation of a separate section (or chapter) in the Russian criminal law, the object of which would be information security.

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

LEGAL PROTECTION OF FOOD SECURITY

2021 ◽  
Vol 1 (6) ◽  
pp. 34-38
Author(s):  
T. D. USTINOVA ◽  
◽  
A. S. RUBTSOVA ◽  
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Public Safety ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

The article reveals the problems of applying criminal liability for the smuggling of strategically important goods. It is proved that such crimes infringe not on public safety, but on relations in the sphere of economic activity. It is proposed to return the criminal law norm to Chapter 22 of the Criminal Code of the Russian Federation.

FORMAL AND EVALUATIVE CHARACTERISTICS OF CRIMES COMMITTED IN THE SPHERE OF ECONOMIC ACTIVITY

2021 ◽  
pp. 86-97
Author(s):  
Yuri V. Truntsevsky ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
Special Part ◽  
The Russian Federation ◽  
Author Note

In the article, the author consider the theoretical positions on the rules for the qualification of crimes in the field of economic activity. The author consider the judicial practice in criminal cases and formulates conclusions about the characteristics of the elements (signs) of corpus delicti (see also – delicti) set out in the dispositions of articles of Chapter 22 of the Criminal code of the Russian Federation. One of the objectives of the article is to consider formal and informal elements as content (context) delicti. At the same time, the author note that the formality or informality of signs (context) delicti has no legal significance. This conclusion follows from the provision that all the signs described in the norm of the Special part of the Criminal code of the Russian Federa-tion are legally mandatory. It is important to differentiate between elements of crimes in order to qualify crimes, especially those committed in the sphere of economic activity. The author notes that the dispositions of articles of the Special part of the Criminal code of the Russian Federation can combine elements of blankness, descriptive and evaluative. The author notes the accessory nature of criminal law from positive (regulatory) legal regulations, and the absence of concentration of legal sources. The author emphasized that the norms of the Special part of Criminal law contain two parts. The first part contains a description of the object of the crime, which the offender attempt on. Such an object is represented in the form of a legal order established by the norms of regulatory legislation. The author considers the fact of attempt on this law and order as event (hypothesis) of criminal liability. Clarification of this hypothesis take place in the process of qualifying crimes (in the sphere of criminal law application). Together, these parts of the disposition of the criminal law norm form a common whole, which indicate the legislator's idea of a criminal law prohibition. The article emphasizes the intersectoral nature of the institution of formulating grounds for criminal liability for crimes in the sphere of economic activity. The author identifies the types of evaluation signs delicti of economic crimes: quantitative (size), qualitative (can not be measured by cost) and cumulative. The author comes to the conclusion that it is expedient to further study the concept, types and role of evaluative signs of crimes. The role of evaluation signs is stated in the formulation of criminal law prohibitions. The author makes the following conclusions for the readers' discussion: the formulation of signs of crimes in the sphere of economic activity is based on the blank dispositions of the corresponding articles; a separate type of such description of the disposition is administrative prejudice; this administrative prejudice relates the grounds for criminal liability of a person for the act with his previous administrative penalty; assessment signs of the crime is determined not only by the normative legal act, judicial practice, but also in the process of qualification of a crime is determined by the consciousness of a person when it examines the being of the case.

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.

scholarly journals ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Criminal Liability ◽  
Criminal Code ◽  
Military Vehicles ◽  
Judicial Practice ◽  
Observation Methods ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

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.

scholarly journals On the Issues of the Application of Part 6 of Article 15 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 15 (3) ◽  
pp. 79-84
Author(s):  
N. N. Korotkikh
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstances of the case” and “the degree of its public danger” are evaluative e criteria and do not always allow to decide the validity of the application of part 6 article 15 of the Criminal Code of the Russian Federation. The discrepancy between some of the recommendations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the provisions of the Criminal Code of the Russian Federation is shown. It is concluded that it is impossible to exempt a person from criminal liability on the grounds specified in the Resolution of the Plenum of the Supreme Court of the Russian Federation.

About the Thefts Provided by item «g» of Part 3 of Article 158, Articles 1593, 1596 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 86-98
Author(s):  
E. V. Peysikova ◽  
◽  
Yu. I. Antonov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

The article is devoted to the analysis of judicial practice in cases of the thefts provided by item «g» of part 3 of article 158 and articles 1593 and 1596 of the Criminal Code of the Russian Federation. The article notes the challenges in applying these rules in practice; demonstrates their restrictive features with regards to the doctrine of Criminal law. The article is written for the purpose of uniform application of these norms in practice after entry into force of the Federal Law of 23 April 2018, № 111-FZ.

scholarly journals Encroachments against the Safety of Maritime Navigation in Russian and International Criminal Law

2021 ◽  
Vol 3 (2) ◽  
pp. 172-188
Author(s):  
Marina L. Prokhorova ◽  
◽  
Anastasiya K. Knyaz’kina ◽  
Valentina N. Kufleva
Keyword(s):  
Continental Shelf ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Code ◽  
International Standards ◽  
Legal Standards ◽  
Maritime Navigation ◽  
The Russian Federation

Introduction. The necessity of criminalising acts against the safety of maritime navigation in na- tional legislation is based on the requirement to comply with the international obligations. The relevance of the research is that the implementation of such criminalisation is not always carried out in a timely and adequate manner. Тhe author’s versions of the criminal law can be used by the legislator to further improve the Criminal Code. Theoretical Basis. Methods. The methodological basis of the study was a set of both general scientific and private scientific methods of cognition. In particular these included the analysis, synthesis, comparative, formal and the legal. Special attention was paid to the international legal standards, and the regulation of criminal liability for encroachments against security sea shipping. Results. The article analyses the regulations at the national level governing the crime of acts which infringe upon the safety of navigation at sea and in the river space. This is Art. 211 “Hijacking of an aircraft or water transport or railway rolling stock” and Art. 227 “Piracy” as provided for in the Criminal Code of the Russian Federation. The article considers the provisions corresponding to these from international treaties, and investigates the problems of compliance in implementing norms of the Russian criminal law with the basic contractual provisions. At the same time, international acts are analysed in their latest and current version, taking into account all the changes and additions made to them. Discussion and Conclusion. As a result of the study, the authors come to the conclusion that it is necessary to make alterations to the national criminal legislation to bring it in line with the current international standards due to the absence of provisions in it regarding liability for crimes committed against sea vessels, as well as on board or against fixed platforms located on the continental shelf. At the same time, the authors propose specific additions to the Criminal Code of the Russian Federation. In particular, these are on the inclusion of certain signs of corpus delicti relating to the number of qualifying items, and which also indicate the need to formulate specific criminal law norms providing for liability for crimes against sea vessels, as well as on board or against fixed platforms located on the continental shelf.

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