scholarly journals AUE* Movement as a Criminal Phenomenon that Determines the Development of Professional Crime: the Essence and Methods of Struggle* The organization is banned in the Russian Federation

2021 ◽  
Vol 2 ◽  
pp. 72-79
Author(s):  
K.A. Zarubina ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Activity ◽  
Criminal Code ◽  
Way Of Life ◽  
Youth Movement ◽  
Enforcement Officer ◽  
Practical Conclusion ◽  
The Russian Federation

The article highlights the development and activities of such informal youth movement as «the criminal unity of Prisoners»,«the urkagan unity of Prisoners» or «the way of life of Prisoners is one» (hereinafter-AUE), which supports, promotes and develops the ideology of criminal «romance», criminal subculture. The main reasons for the formation of the informal youth movement in Russia and the version of the concept of AUE are considered. The main features of AUE associations are investigated: stability; stability of the composition (2 or more persons); common intent of members of associations aimed at preparing and committing crimes of extremist orientation (on the ideological component); coordination of actions of members of the Association; main-taining and promoting a criminal subculture; the presence of an organizer (leader) in the Association, connections with the criminal world, etc. The article studies the influence of this criminal phenomenon on the behavior of modern youth, as well as on the development of crime in modern Russia, including one of its most dangerous varieties - professional criminal activity. The main problems of bringing persons belonging to the AUE movement to administrative and criminal responsibility are considered. The article analyzes the activities of members of AUE associations in terms of extremism, as well as the possibility of bringing persons belonging to AUE associations to criminal responsibility under article 282.1 of the criminal code of the Russian Federation. As a practical conclusion, a list of signs of AUE associations that a law enforcement officer can refer to when qualifying crimes under article 282.1 of the criminal code of the Russian Federation is presented.

scholarly journals Some problematic issues of the execution of punishment in the form of restriction of freedom

2021 ◽  
Vol 234 (11) ◽  
pp. 12-15
Author(s):  
ANATOLY A. MEDVEDEV ◽  
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
The State ◽  
Methodological Basis ◽  
Enforcement Officer ◽  
The Russian Federation ◽  
Law Enforcement Officer

The article discusses the issue of the execution of punishment in the form of restriction of freedom, problematic issues faced by a law enforcement officer. The purpose of the study is to identify problematic issues of the implementation of the restriction of freedom and to suggest possible ways of solving them. The methodological basis of the research was formed by the analysis, synthesis and formallogical methods. As a result of the work carried out, some problematic issues arising in the execution of restrictions on freedom have been studied, in particular, the calculation of the term of punishment, bringing the convicted person to criminal responsibility for committing a crime provided for in part 1 of Article 314 of the Criminal Code of the Russian Federation. The state of law enforcement in the issues under consideration is analyzed. As a result of the study, the need to amend the legislation of the Russian Federation for resolving the problematic issues indicated in the article has been substantiated. Key words: convict, punishment, restriction of freedom.

scholarly journals On the Need and Possible Options for Changing the Rules for Determining Forms of Guilt

Lex Russica ◽  
2021 ◽  
pp. 87-102
Author(s):  
D. A. Kokotova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Effective Means ◽  
Criminal Code ◽  
Current Version ◽  
Enforcement Officer ◽  
The Russian Federation ◽  
Law Enforcement Officer ◽  
The Law

The current version of part 2 of article 24 of the Criminal Code of the Russian Federation, which appeared because of changes made to the Criminal Code of the Russian Federation in 1998, is rightly criticized for uncertainty. In the literature, various proposals are made to change the rules for determining the forms of guilt. The existing regulation needs adjusting, since it does not ensure the achievement of the initial goal of improving law enforcement, which was originally intended in part 2 of article 24, and does not comply with the principles of equality and legal certainty. The need to ensure compliance with these principles and achieve the original goal of the rule under consideration requires rejecting proposals to "legalize" the discretion of the law enforcement officer, the possibility of which arose due to the uncertainty of the current version of part 2 of article 24. Due to this uncertainty, compliance with the provisions of the Special part will not solve the existing problems. Unifying negligent crimes into a separate chapter, dividing the crimes in the existing chapters by paragraphs, depending on the form of guilt, is too difficult a way if we are talking about improving the current Criminal Code of the Russian Federation. Clear automatic consolidation of the possibility of both forms of guilt does not provide the required differentiation of punishment.Restoring the original version of part 2 of article 24 of the Criminal Code of the Russian Federation is an acceptable and easiest way, but there is a reason to believe that the rule changed in this way will fail to ensure that the law enforcement officer follows it. The inclusion of a form of guilt clause in the description of each body of a crime might be an effective means of limiting the discretion of the law enforcement officer, but this method is difficult to implement. It combines the features of these two methods of fixing the rule in the form of a list of crimes involving a particular form of guilt, by analogy with how the age at which criminal responsibility begins is now established.

scholarly journals Interpretation of certain aspects of criminal restriction of competition

2021 ◽  
pp. 48-58
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Implementation ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Tax Legislation ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

scholarly journals PROBLEMS OF APPLYING OBJECTIVE SIGNS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 242 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 31 (6) ◽  
pp. 1122-1130
Author(s):  
V.V. Rovneyko ◽  
A.V. Kayshev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
International Treaties ◽  
Actus Reus ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Problematic Situations

The article comments on the criminal legislation of Russia, which provides for liability for the illegal production and trafficking of pornographic materials or objects and the practice of its application. Recently, illegal production and trafficking of pornographic materials and objects (Obscene Publications), as a type of criminal activity, have acquired a qualitatively new look. It can be explained by the trend towards an annual increase in registered IT crimes (committed using information and telecommunications networks (including Internet)). The use of such means significantly complicates law enforcement, primarily in connection with the criminal legal assessment and qualification of such acts. In article there are analyzes the objective features (actus reus) of the corpus delicti that determines the basis of criminal liability for the illegal production and trafficking of pornographic materials or objects. One of the problematic situations, according to the authors, is considered, related to the practice of applying Article 242 of the Criminal Code of the Russian Federation. The authors' conclusions are based on the analysis of the provisions of the current criminal legislation of the Russian Federation and the practice of its application. The rules of international treaties were considered, as well as the practice of applying the rules of civil and administrative law, including those related to the concepts of “publicity” and “indefinite range of persons”, were considered.

scholarly journals Problems of Defining the Concept of «Change of Situation» in Art. 80.1 of the Criminal Code of the Russian Federation

2020 ◽  
pp. 13-16
Author(s):  
Nadezhda Tydykova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Main Idea ◽  
Criminal Code ◽  
Enforcement Officer ◽  
The Russian Federation ◽  
Law Enforcement Officer ◽  
The Law ◽  
Clear Idea

The article discusses the concept of “change of situation” as the basis for release from punishment. The author adheres to the position of the need to use in the law only those concepts that are revealed through signs that are understandable to everyone. Article 80.1 of the Criminal Code of the Russian Federation is examined as a norm that does not meet this criterion. The author claims that the content of this norm does not allow a clear idea of the content of the concept. As evidence, numerous examples from law enforcement practice are given, illustrating the inconsistancy of understanding the studied Institute of criminal law by investigative personnel and the judiciary. Each law enforcement officer, due to the lack of clear wording, is forced to interpret the norm independently, filling it with arbitrary content. This approach, of course, is unacceptable. Moreover, the interpretations often used are far from the main idea of the institution of release from punishment due to change in a situation and allow confusion or substitution of the term with other criminal law terms. In some cases, the courts consider it possible not to show specific circumstances at all, though they indicate a change in situation after the commission of the crime. Examples are given from practice where, instead of bringing arguments about change in situation, the law enforcement officer simply lists circumstances mitigating the punishment, names circumstances that should be taken into account when sentencing, names signs of active remorse or reconciliation with the victim. The author considers this state of affairs unacceptable and proposes, as alternative options for solving the problem, either introducing appropriate amendments to Article 80.1 of the Criminal Code of the Russian Federation to clarify the concept, or rejecting this institution of criminal law.

Objectification of the Amount of Compensation for Non-Pecuniary Damage in Claims Against Medical Organizations

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Assistance ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
Number Of Patients ◽  
The Russian Federation ◽  
Law Enforcement Officer

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

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 liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

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