CRIMINALLY-LEGAL CHARACTERISTIC BRIBERY AND COMERCIAL BRIBERY

2020 ◽  
Author(s):  
Rafael' Babaev ◽  
Emin Babaev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Literary Sources ◽  
Commercial Bribery ◽  
The Russian Federation ◽  
Definition Of

The article is based on legislative acts and literary sources on the problems of corruption activity and provides a criminal-legal characteristic and social-legal assessment of bribery and commercial bribery. The author points out the shortcomings of the criminal law norms regulating bribery and commercial bribery under the current criminal code of the Russian Federation. The author’s definition of the concept criminal-legal characteristics of receiving a bribe and commercial bribery is given.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

Effect of the Criminal Law on Military Personnel Who Committed Crimes outside the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 105-112
Author(s):  
I. А. Kazarinov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Military Personnel ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Treaties ◽  
Literary Sources ◽  
The Russian Federation ◽  
The Military ◽  
Military Units

The effect of the Criminal Code of the Russian Federation on military units stationed outside the Russian Federation is regulated by part 2 of article 12 of the Criminal Code, the interpretation and application of which causes a number of significant theoretical and applied problems. Based on the analysis of normative acts, international treaties and literary sources the article reveals the model of international legal regulation of responsibility of Russian soldiers; the reis a motion on the harmonization of the international norms which define the conditions of criminal jurisdiction of the Russian Federation in the military; certain private issues ofa pplication of the Criminal Code of the Russian Federation in a situation when a military person commits a crime outside the Russian Federation are resolved.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals CONSTITUTIVE EVALUATIVE CONCEPTS IN CRIMINAL LAW: CONCEPT, TYPES, FUNCTIONS, ESSENTIAL FEATURES

2021 ◽  
Vol 31 (3) ◽  
pp. 450-458
Author(s):  
D.R. Kasimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Structural Features ◽  
Criminal Code ◽  
New Classification ◽  
Functional Features ◽  
The Russian Federation ◽  
Definition Of ◽  
Cognitive Meaning

The article provides a new classification of evaluative concepts enshrined in the Criminal Code of the Russian Federation, indicates the purpose of its existence in the doctrine of criminal law. The article describes the definition of constitutive evaluative concepts that are determined as legislatively vague evaluative concepts that, by their normative-essential and functionally-substantive characteristics, are absolute, necessarily alternative, or accompanying structural features of a crime. Through the prism of the features of constitutive evaluative concepts, their varieties, essential features and functions are distinguished; interpretation (including cognitive) meaning is revealed. Moreover, the interpretation features of these evaluative concepts are considered in two interdependent aspects: the structurally-essential (associated with the types, attributes and functions of constitutive evaluative concepts) and the procedural-substantive (associated with the informative and informative activities of the interpreter). It is indicated that the interpretation features of an structurally-essential nature are, firstly, in the composition and criminogenic properties of constitutive evaluative concepts, and secondly, in the semantic structural composition, indicating a meaningful dependence of the evaluative concept on the accompanying structural features of a crime, and thirdly, legally significant functional features. At the same time, interpretative features of a procedural-substantive order are also highlighted, which include, firstly, the need for a paramount definition of the criminogenic determinant, designed to establish the structural features of a crime in a perfect act, and secondly, in an increased degree of normative casuistic derivative of these evaluative concepts. The author comes to the conclusion that constitutive evaluative concepts are interpreted according to the same logical-linguistic and legal laws, but with some marked structurally meaningful features.

scholarly journals THEFT OF CARGO FROM RAILWAY ROLLING STOCK: ISSUES OF QUALIFICATION AND INVESTIGATION

2019 ◽  
Vol 29 (5) ◽  
pp. 668-672
Author(s):  
M.N. Vilacheva ◽  
N.V. Yashkova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Case ◽  
Rolling Stock ◽  
Railway Transport ◽  
The Russian Federation ◽  
Main Factors ◽  
Definition Of ◽  
Railway Rolling Stock

The questions of qualification and investigation of theft of goods from the rolling stock are revealed. The main factors causing qualification of such crimes under articles 158, 159 and 160 of the Criminal code of the Russian Federation are investigated. The obligatory signs of crimes, such as time, place, means of commission of crime, the size of the stolen property are revealed. Reasonable conclusions are made that the qualification of theft of goods from the rolling stock of railway transport, as well as the definition of the circle of persons potentially involved in the commission of the crime, is largely influenced by the place and time of the crime, the circumstances (type of car, other features), the amount of stolen property, means of committing the crime. The analysis of the practice of qualification of thefts from the rolling stock of railway transport shows that in various investigative situations it is necessary to speak about its private varieties that will allow to qualify a crime more precisely and to organize the process of proving more effectively. It is concluded that for the most complete qualification of crimes related to the theft of cargo from rolling stock cars a thorough analysis of the circumstances that influenced the initiation of a criminal case, as well as investigative situations, is of particular relevance. Proposals were made to improve the norms of the criminal law.

scholarly journals On the Definition of the Concept of Crime in the Criminal Code of the Russian Federation

2018 ◽  
Vol 12 (3) ◽  
pp. 417-423
Author(s):  
Alexander Smirnov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Formal Concept ◽  
Effective Implementation ◽  
Constituent Element ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
Constituent Elements

The author presents his views on the definition of the concept of «crime» in the Criminal Code of the Russian Federation because this concept is of primary importance to the whole structure of criminal law and the practice of crime counteraction. He provides a consistent analysis of the socio-legal nature and the feasibility of each constituent element included in the definition of crime: 1) action; 2) public danger; 3) guilt; 4) unlawfulness (criminal); 5) threat of punishability. When defining the concept of «crime», the author starts from the premise that, according to the methodology of formulating fundamental law concepts, their definitions should include only the most important, constant and universal characteristics (attributes) that are not disputable and that support the ontological essence of the concept and never, under any circumstances, refute it. The author concludes that the action and its prohibition in the criminal law are independent and constant elements of crime. Guilt and threat are not always such elements. The indication of guilt is included in the necessity of establishing the constituent elements of a crime to prosecute a person. Public danger, according to contemporary research, is an element of all offenses, besides, it is inherent to criminal unlawfulness. That is why the definition of the formal concept of «crime» should be presented as following: «A crime is an action prohibited in the present Code». This definition, according to the author, fully corresponds to the language of law, is laconic and substantial, excludes contradictory interpretations and fully agrees with the principle of inevitability of criminal punishment, which is of great importance for the effective implementation of criminal law measures of crime counteraction.

scholarly journals Reasons for the Existence of “Dead Norms” in the Criminal Code of the Russian Federation

2021 ◽  
pp. 037-044
Author(s):  
A. V. Kursaev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Negative Results ◽  
The Russian Federation

The relevance of the article lies in the presence of problematic issues related to the socio-legal assessment of the existence of legal prohibitions in law, which are rarely applied in practice. The author analyzes the reasons for the presence of “dead norms” in the Criminal Code of the Russian Federation. The negative results of criminalization that lead to the emergence of “dead norms” in criminal law are considered. The content of objective factors that lead to the existence of “dead norms” is revealed. Due to the complexity and ambiguity of determining the reasons for the existence of “dead norms”, special attention is paid to measures to improve their enforcement effectiveness.

scholarly journals ABOUT MATERIAL SIGN OF EMBEZZLEMENT

2017 ◽  
Vol 21 (6) ◽  
pp. 212-218
Author(s):  
V. V. Narodenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Literal Interpretation ◽  
The Russian Federation ◽  
Bank Accounts ◽  
Material Things ◽  
Definition Of ◽  
Criminal Legislation

The article describes provisions which are in the first note to Article № 158 of the Criminal code of the Russian Federation and also signs of embezzlement enshrined in criminal legislation of the Russian Federation. Literal interpretation of the specified provisions of the Criminal code of the Russian Federation leads to a conclusion that things having physical expression and sign of corporality can act as a subject of embezzlement. Meanwhile the author of the article criticizes provisions of the criminal law. The author states thesis that despite the instruction in the Criminal code of the Russian Federation on obligation of harm causing to the owner by embezzlement, not only things but also other property can be as a subject of specified criminal encroachment. The article also describes arguments about illegal withdrawal of separate non-material things. Analyzing judgments it is possible to say that practice interprets the first note to Article № 158 of the Criminal code of the Russian Federation in broad. It is necessary to understand as property not only things but also other benefits, in particular, non-cash money on bank accounts, paperless securities. Thus, despite difficulties, illegal actions for withdrawal of specified benefits judicial and investigative practice are qualified as embezzlement. These conclusions can be extended to situations connected with illegal withdrawal of other objects which are property but without material expression. The author suggests changing the existing definition of «embezzlement» and replacing the concept "owner" with the uniformed term “possessor of a right”.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

Sign in / Sign up

Export Citation Format

Share Document