Goal-setting of criminal law impact as a special activity of the state

2021 ◽  
Author(s):  
Vladimir Duyunov
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Law Schools ◽  
Depth Study ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation

The monograph continues the study of the phenomenon of criminal law as a purposeful special state activity carried out in the order of the state's reaction to criminal behavior and crime. Proceeding from the key value of goal-setting and the goals of activities in the field of combating crime, the author attempted an in-depth study of this problem through the prism of the goals of the state policy of combating crime, the goals of criminal law impact, an analysis of the debatable problem of punishment and the problem of goal-setting in the criminal legislation of the Russian Federation. The monograph is intended for students, graduate students, researchers, teachers of law schools, law enforcement officials and all persons interested in the problems of criminal law.

qualification of crimes

2021 ◽  
Author(s):  
Vladislav Antonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Students ◽  
Practical Application ◽  
The Supreme Court ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Methodological Aspects

The textbook examines the theoretical aspects of the qualification of crimes, highlights the problems of practical application of the norms and institutions of criminal legislation. The paper analyzes the concepts and categories of criminal law, reveals the organizational and methodological aspects of the legal assessment of criminal encroachments. When preparing the manual, materials of judicial and investigative practice, guiding explanations of the Plenum of the Supreme Court of the USSR, the Russian Federation were used. The manual is addressed to law enforcement officials, lawyers, investigators, law students and anyone interested in the qualification of crimes.

scholarly journals Relationships Between the Interests of the Person and the State in the Criminal Law of the Russian Federation

2020 ◽  
Vol 14 (2) ◽  
pp. 298-304
Author(s):  
Aleksey Rarog
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Constitutional Law ◽  
General Rule ◽  
The State ◽  
Public Authorities ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Relationship

The author raises the problem of relationships between the interests of the person and public authorities, which has long occupied the minds of philosophers, sociologists, political scientists and lawyers, and which has an enormous criminological significance as it defines critically important directions of legislative, law enforcement and organizational-preventive activities. The author questions the legitimacy of characterizing this relationship as a balance, parity, or equality even in relation to the states who have constitutionally proclaimed themselves to be law-based states, because the monopoly of any state on the use of coercive force deliberately excludes a parity of interests. Evidently, it is only possible (somewhat conditionally) to discuss a harmony between the interests of the person and the state in relation to constitutional law. For other branches of law, the relationship between the interests of the person and the state should be characterized differently. Criminal law, repressive by its nature, cannot and should not treat a person who has committed a crime as a partner: it always holds this person accountable and, by a general rule, punishes him for the crime. This does not, however, at all mean that the interests of a person who has committed a crime are totally ignored. The key interest of this person consists in getting a minimal penalty for the committed actions. This interest is recognized by the state in different ways and to a different scope. The norms of criminal legislation of the Russian Federation, in which the interests of the state and the interests of the person who has committed a crime converge to some degree, could be divided into five groups: 1) norms-goals and norms-principles, where the interests of the state and the interests of the person who has committed a crime actually coincide; 2) norms-permissions; 3) norms-incentives; 4) norms-compromises; 5) norms-allowances. The author analyzes and assesses each of these criminal law norms.

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 Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

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.

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 Affect as a Term of Criminal Law, Psychology, Psychiatry, Physiology

2020 ◽  
Vol 6 (5) ◽  
pp. 374-381
Author(s):  
A. Lazareva ◽  
A. Goncharov ◽  
T. Kvasnikova
Keyword(s):  
Law Enforcement ◽  
Emotional Disturbance ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Emotional State ◽  
The State ◽  
Point Of View ◽  
Theoretical Research

We study such a characteristic of criminal behavior as the emotional state of the guilty person at the time the crime was committed, namely, the state of sudden strong emotional disturbance, which was called “affect” in psychology and psychiatry. Affect is a multidimensional phenomenon that should be considered not only from the criminal law but also from a medical point of view. The analysis and generalization of the attributes of affect are important not only for theoretical research but also for solving issues of law enforcement practice.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

Criminal law. General part

2021 ◽  
Author(s):  
Ivan Dvoryanskov ◽  
Elena Antonyan ◽  
Sergey Borovikov ◽  
Natal'ya Bugera ◽  
Aleksandr Grishko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Federal State ◽  
General Part ◽  
The Russian Federation ◽  
State Educational ◽  
Criminal Legislation

The textbook is prepared in accordance with the provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, federal laws, international legal acts. The concepts, categories and institutions of the General Part of criminal Law are considered in detail. All changes in the criminal legislation have been taken into account, and the latest scientific, educational and methodological literature on criminal law has been used. The material is presented in an accessible form for effective assimilation of the training course. The publication contains regulatory legal material as of May 1, 2021. Meets the federal state educational standards of higher education of the latest generation in the areas of training 40.03.01 "Jurisprudence", 40.05.01 "Legal support of national security", 40.05.02 "Law enforcement", 40.05.03 "Forensic examination", 40.05.04 "Judicial and prosecutorial activities". For students, cadets, trainees studying in these areas of training, judges, law enforcement officers, as well as for anyone interested in criminal law issues.

scholarly journals Pelaksanaan Asas Hukum Retroaktif terhadap Penegakan Hukum Pidana dalam Rangka Efektivitas Pengembalian Keuangan Negara

2018 ◽  
pp. 56-67
Author(s):  
Subarysah Subarysah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The State ◽  
Financial Return ◽  
Legal Principle ◽  
The Law ◽  
Criminal Legislation ◽  
Financial Losses

Abstract. The  consequence  of  within  the  legality  principle  in  Indonesian  legislation  is  the prohibition  of  retroactively  imposing  a  criminal  legislation  or  known  as  non-retroactive,  related  to  the  financial  losses  of  the  state  especially  regarding  the criminal   act   of   corruption   that   occurred   prior   to   the   issuance   of   the   law, retroactive law in the return of state finances based on the losses incurred to the state caused by a crime, in principle regulated in the PTPK Law because one of the purposes of the enactment of Law no. 31 of 1999 in conjunction with Law no. 20  of  2001  is  to  restore  the  state  losses.  Therefore,  the  enforcement  of  criminal law  prioritizes  the  return  of  state  money  from  corruptor  actors,  how  is  the implementation  of  retroactive  legal  principle  in  criminal  law  enforcement  in  the framework  of  effectiveness  of  state  financial  return  as  well  as  what  implications and constraints that arise in the mechanism of implementation of retroactive legal principle in rangaka settlement of state finances. Abstrak. Konsekuensi dari dalam asas legalitas dalam peraturan perundang-undangan di Indonesia adalah larangan memberlakukan surut suatu perundang-undangan pidana atau yang dikenal dengan istilah non-retroaktif, terkait kerugian keuangan negara  khususnya mengenai tindak pidana  korupsi yang terjadi sebelum keluarnya undang-undang itu, pelaksanaan asas hukum retroaktif dalam pengembalian  keuangan negara  yang didasarkan kepada  kerugian  yang  terjadi terhadap  negara  yang  disebabkan  oleh suatu  tindak  pidana,  secara  prinsip  diatur dalam  UU  PTPK  karena  salah  satu  tujuan  diundangkannya  Undang-Undang  No. 31 Tahun 1999 jo Undang-Undang No. 20 Tahun 2001 adalah untuk mengembalikan  kerugian  negara. Oleh  karena  itu,  penegakan  hukum  pidananya lebih mengutamakan pengembalian kerugian uang negara dari para pelaku tindak pidana korupsi, bagaimanakah pelaksanaan asas hukum retroaktif dalam penegakan hukum pidana dalam rangka   efektivitas pengembalian keuangan negara serta Implikasi dan kendala apa yang muncul dalam mekanisme pelaksanaan asas hukum retroaktif dalam rangaka penyelesaian keuangan negara.

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