scholarly journals Criminal legal consequences of socially dangerous acts that are not criminal: an overview of judicial practice, law enforcement trends

2018 ◽  
Vol 6 (4) ◽  
pp. 51-55
Author(s):  
Виктория Панарина ◽  
Victoriya Panarina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Judicial Practice ◽  
Current Trends ◽  
Legal Consequences

The article is devoted to the problems of criminal law consequences of socially dangerous acts that are not criminal (compulsory medical measures and compulsory educational measures). The author conducts a study of judicial practice in this category of cases and draws conclusions about current trends in law enforcement.

scholarly journals PROBLEMS OF ENFORCEMENT OF NORMS PROVIDING RESPONSIBILITY FOR ECOLOGICAL CRIMES 

2019 ◽  
Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Judicial Practice ◽  
Key Points ◽  
Environmental Crimes

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.

scholarly journals Criminal Laws and Judicial Practice in Punishment Imposition to Minors

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 12-16
Author(s):  
Tatyana I. Egorova ◽  
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Law ◽  
Psychological Characteristics ◽  
Special Consideration ◽  
Secondary Victimization ◽  
Judicial Practice ◽  
Enforcement Officer ◽  
Age Related ◽  
Principles Of Justice

The article is devoted to legislative and law enforcement problems of sentencing minors as special subjects of criminal law relations. In this aspect, to a certain extent, the essential socio-psychological characteristics of the considered category of convicts are analyzed in detail, related to their position dependent on society and incomplete formation of intellectual and volitional qualities. These circumstances assume that they are taken into account while observing the principles of justice and humanism, which make it possible to ensure the proportionality of the measure of criminal law enforcement, the nature and degree of public danger of the crime, the identity of the perpetrator, as well as security from criminal infection and secondary victimization. Special consideration should be given to the characteristics of the perpetrator’s personality, as well as the significance of the sentence imposed for age-related socialization and crime prevention. It is concluded that the orientation of the law enforcement officer to impose punishment that is not associated with isolation from society should be supported by other criminal law institutions that are specially modified for this category of persons.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals Certain issues of protection of the rights of citizens in concluding a transaction under psychological duress

2021 ◽  
pp. 61-68
Author(s):  
Roman Borisovich Kulichev
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Physical Violence ◽  
Comprehensive Analysis ◽  
Legal Issues ◽  
Practical Implementation ◽  
The Will ◽  
The Subject ◽  
The Individual ◽  
Legal Consequences

This article is dedicated to the legal issues of protection of the rights of individuals who have concluded civil transactions under psychological duress, namely hypnosis. The object of this research is civil law relations that emerge in conclusion of transaction by individuals. The subject of this research is the person’s will and its characteristics in deciding to conclude a transaction under psychological coercion unrelated to physical violence, as well as legal consequences of concluding such transactions. The author examines the factors that contribute to conclusion of transactions under psychological coercion and possible reasons for psychological coercion. The article examines civil and criminal law methods of protection of the rights of citizens who concluded transactions with a defect of volition, but are legally capable and aware of their actions. The conclusion is made that the only effective way to protect the individual from concluding such transaction lies in cultivation of the will. It is noted that the key evidence in challenging such transactions is forensic psychiatry evaluation; however, its commission depends solely on the judge’s decision on a particular dispute. The author assumes that the implementation of punitive measures for coercing into conclusion of such transactions is improbable, since the law enforcement authorities would refuse to initiate a criminal case due to civil nature of the dispute. The scientific novelty of consists in carrying out a comprehensive analysis of both, civil and criminal law methods of protection of the rights of citizens who have concluded transactions with the defect of volition, and the possibility of their practical implementation.

scholarly journals About Some Problems of Criminal liability Regulation for Terror Crimes

2018 ◽  
pp. 21-24
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Practice Improvement ◽  
Judicial Practice ◽  
Individual Article ◽  
Financing Of Terrorism ◽  
Criminal Legislation

The article is devoted to the problem of criminal legal responsibility regulation for terror crimes. The authors analyze the legislative design of such crime compositions, provided by Ch. 24 of the current RF Criminal Code, first of all, the novels included in the Criminal Law in 2013 - 2017, the sanctions on criminal law norms, as well as the effectiveness of their implementation in practice. Critical remarks are made and proposals are introduced aimed at criminal legislation, as well as law enforcement practice improvement. The authors raise the problems of punishment imposition for committed crimes, in particular, criticize the legislator’s position on the imposition of less stringent sanctions for more dangerous forms of assistance to terrorists, and on the imposition of stricter sanctions for less dangerous forms of assistance to terrorism. Judicial practice is analyzed with the purpose to reveal the effectiveness of individual article provision application from RF Criminal Code. They performed the comparison of the criminal law revisions, and they analyzed the introduced changes. The authors make specific proposals to amend certain provisions of the criminal law, in particular, on the criminalization of responsibility for the financing of terrorism as an independent crime.

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.

CRIMINAL AND LEGAL CONSEQUENCES OF PHYSICAL FORCE AND SPECIAL MEANS ABUSEBY PENAL STAFF

2020 ◽  
pp. 61-65
Author(s):  
Динара Мансуровна Латыпова
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Statistical Data ◽  
Scientific Literature ◽  
Physical Force ◽  
Judicial Practice ◽  
Special Means ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Legal Consequences

В статье рассматриваются вопросы квалификации действий сотрудников исправительных учреждений, применяющих физическую силу и специальные средства к осужденным в случаях, предусмотренных действующим законодательством. На основе анализа статистических данных, научной литературы проводится исследование квалификации действий сотрудника в рамках реализации своего права на необходимую оборону и причинение вреда при задержании осужденного, совершающего противоправные действия. Исследуются вопросы разграничения правомерных действий сотрудника пенитенциарного учреждения, применяющего физическую силу и специальные средства в случае нападения на него осужденного от превышения должностных полномочий. Анализируются положения уголовного законодательства, материалы судебной практики по исследуемой теме, указываются пробелы в регулировании вопросов квалификации в постановлениях Пленума Верховного суда РФ. Обосновывается необходимость закрепления нового обстоятельства, исключающего преступность деяния в случае действий сотрудника исправительного учреждения, применяющего физическую силу и специальные средства. Предлагается внесение изменений в уголовно-правовую норму о превышении должностных полномочий, а именно разграничение квалифицирующих и особо квалифицирующих признаков состава в зависимости от применения физической силы, специальных средств либо оружия. The article deals with the qualification of actions of penal officers using physical force and special means in relation to convicted persons in cases prescribed by current legislation. Based on the analysis of statistical data and scientific literature, a study is conducted concerning the qualifications of the penal officers’ actions in the framework of the exercise of their rights to the necessary defense and harm when detaining a convictcommitted unlawful acts. The issues of delimitation of lawful actions of a penal officer using physical force and special means in the case of an attack on him by a convict from exceeding official powersare considered. The provisions of the criminal law, judicial practice materials on the topic under study are analyzed, the gaps in the regulation of qualification issues are indicated in the decisions of the Plenum of the Supreme Court of the Russian Federation. The need fora newfactcaptureexcluding criminality of an act in the case of actions on the part of a penal officer using physical force and special means is demonstrated. It is suggested to amend the criminal legal norm on exceeding official powers, namely the distinction between qualifying and especially qualifying features of the elements depending on the use of physical force, special means or weapons.

scholarly journals LEGAL AND SOCIAL DIMENSION OF MEDIATION IN POLISH CRIMINAL PROCEEDINGS

Probacja ◽  
2021 ◽  
Vol 2 ◽  
pp. 115-142
Author(s):  
Małgorzata Boczkowska
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Social Attitudes ◽  
Social Dimension ◽  
Psychological Perspective ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Court Proceedings ◽  
Legal Consequences ◽  
Scientific Fields

The concept of mediation and related proceedings are becoming more and more popular among practitioners and theorists of law and other scientific fields, such as anthropology, philosophy, economics, sociology or psychology. Mediation is used in various areas of human life, both external, interpersonal, related to influencing human behavior, as well as internal, intrapersonal, related to emotions, experiences, feelings and social attitudes resulting from them. The use of this institution is also closer to judicial practice, both in terms of broadly understood civil law and criminal law or proceedings in juvenile cases. The analysis of this issue gives grounds for the claim that mediation, as a certain form of striving for agreement, has a real impact on every aspect of human life. However, the problem is much more complex. This analysis is only an outline of it and an attempt to draw attention to those issues that at first glance seem to be of little importance, but as a consequence have a number of far-reaching social and legal consequences. The aim of the work is to present mediation in the Polish criminal trial and its importance for every citizen, both from a legal, social and psychological perspective. Also taken an attempt to verify, whether criminal mediation can be an alternative to the court proceedings or only a support for it.

scholarly journals On the issue of criminal liability for negligent joint infliction of criminal - illegal consequences

2021 ◽  
Vol 2 (16) ◽  
pp. 43-53
Author(s):  
Maryna Yevhenivna Grigoryeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Offense ◽  
Stage Of Development ◽  
Objective Side ◽  
Criminal Legislation ◽  
Theoretical Issues ◽  
Legal Consequences ◽  
Current Stage

The article is devoted to the consideration of problematic issues related to criminal liability for negligent joint infliction of criminal consequences. Issues related to the negligent joint infliction of criminal consequences do not lose their relevance at the current stage of development of Ukrainian criminal law. The article defines the concept of negligent joint infliction of criminal consequences and provides a thorough description of its mandatory features. It is separately stated that correctly determining the basis of criminal liability of persons who jointly caused negligent damage, qualifying their actions and establishing rules for sentencing them is an important task for law enforcement and therefore it requires detailed justification and elaboration of general theoretical issues. legal consequences and the development of features of such a definition. It is proved that negligent joint infliction of criminally illegal consequences is the commission by two or more subjects of a certain criminal offense, illegal, objectively interconnected and mutually conditioned act, which is part of the objective side of a criminal offense that has a negligent form of guilt, and creates a single, common to all subjects socially dangerous result provided by criminal law. It is established that in case of negligent joint infliction of criminally - illegal consequences there is an objective interdependence and interaction of actions (actions or inactions) of such subjects who took part in achievement of those socially dangerous consequences which are provided by the criminal legislation.

scholarly journals Chain of Causation: Omission Committed by the Obligor

2020 ◽  
Vol 2020 (3) ◽  
pp. 278-286
Author(s):  
Vladislav Radov
Keyword(s):  
Law Enforcement ◽  
Causal Relationship ◽  
Criminal Law ◽  
Golden Rule ◽  
Dialectical Materialism ◽  
Judicial Practice ◽  
Relativistic Approach ◽  
Research Questions ◽  
Medical Examinations ◽  
The Relationship

The article deals with theoretical and law-enforcement problems of establishing the chain of causation in crimes of omission committed by the obligor. The doctrine of criminal law developed an unambiguous philosophical understanding of causality within the framework of dialectical materialism. However, such scientists as Prof. V. B. Malinin and Prof. Z. B. Soktoev came to polar conclusions about the absence and presence of a causal relationship in cases of criminal omission. The author criticizes the so-called golden rule of causality in cases of omission and the comprehensive reason for omission. He believes that omission cannot be recognized as a condition of an antisocial result. The author uses the relativistic approach to causality to explain the relationship between the failure to fulfill one's professional or official duties and the resulting antisocial consequence. He proves the conditioning relationship in such situations and states the correlation of causation and condition, as well as the limits of understanding causality as an element of the objective aspect of a crime. Apparently, doctrinal controversies affect the law enforcement. The article introduces the latest judicial practice and positions of the courts on the legal content and legal consequences of establishing an indirect, indirect, and mediated causation chain. The category of causality cannot be used for the purposes of criminal law qualification due to the fact that law and natural science have a different understanding of causation. The research questions the significance of forensic medical examinations in cases of iatrogenic crimes in relation to the causal relationship and their assessment by the court. In this article, the issues of causality are considered only for such cases of omission that presuppose a failure to fulfill professional or official duties in a negligent crime. Therefore, the author does not claim to be exclusive of conclusions and proposals. As Academician V. N. Kudryavtsev said, the configuration of chain of causation depends on the corpus delicti or the type of crime.

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