To the question of the formal and material elements of crimes provided for in articles of the Criminal code of the Russian Federation related to the spread of infection

2020 ◽  
Author(s):  
Alexandr Bozhchenko ◽  
Yuliya Khrustaleva ◽  
Yuri Panchuk
Keyword(s):  
Causal Relationship ◽  
Russian Federation ◽  
Criminal Code ◽  
Conceptual Apparatus ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Points Of View ◽  
Legislative Amendments ◽  
Spread Of Infection

The article deals with objective and optional features of crimes with material and formal composition, with an emphasis on crimes that are more or less associated with the spread of infection. Attention is drawn to the fact that crimes with a formal composition do not require the establishment of a causal relationship. Various points of view on “danger” are considered as one of the fundamental criteria used in the qualification of crimes. The author emphasizes the ambiguity of the content of this concept, as well as the concepts of “threat”, “significance”, “mass character”, etc. It is concluded that there are gaps, ambiguities, and contradictions in the legislation and normative legal acts on terminology and conceptual apparatus in relation to the above-mentioned concepts of danger, threat, and its magnitude (significance, mass character). Legislative amendments adopted in connection with the pandemic of coronavirus infection, which led to the emergence of a formal crime under part 1 of article 236 of the criminal code of the Russian Federation, are considered. Attention is drawn to the careless form of guilt under this article, in contrast to other articles, the use of which is also not excluded in the case of infection (article 125 and article 237 of the criminal code), but provide for the intentional nature of the crime.

scholarly journals The Doctrine and Legal Positions Developed by the Courts in Theft of Someone’s Property Cases

Lex Russica ◽  
2021 ◽  
pp. 108-117
Author(s):  
S. M. Kochoi
Keyword(s):  
Russian Federation ◽  
Scientific Literature ◽  
Criminal Code ◽  
Legal Definition ◽  
The Russian Federation ◽  
Points Of View ◽  
Individual Decisions ◽  
Legislative Amendments ◽  
Definition Of

The paper considers the legal positions developed by the courts in cases of theft of someone’s property. The author is critical of the concept of "judicial doctrine", believing that the courts in essence cannot create a doctrine (theory, science), but notes the significant role of the legal positions of the courts in the formation and development of the doctrine (theory) of theft. The purpose of the work is to find an answer to the question of whether the legal positions of the courts on the application of the legal definition of theft in practice remain relevant (note 1 to Article 158 of the Criminal Code of the Russian Federation), as well as the doctrine about this crime and its elements. Having studied various points of view contained in the scientific literature, as well as the positions of the courts, including those expressed in individual decisions of the highest judicial instance of the country, the author concludes that neither the legal definition of theft nor the doctrine of it has lost its relevance. We should not be talking about the "revision" of legal and scientific structures or the "collapse of the system", but about the crisis of practice and doctrine due to the uncertainty associated with the emergence of new property goods and objects (virtual assets, digital rights, etc.) and forms of encroachment on property that are not covered by any of the features of theft. For this reason, in the absence of answers to the challenges that have arisen, controversial decisions are made in judicial and investigative practice, and contradictory recommendations are proposed in the scientific literature. According to the author, the crisis that has arisen can be solved by introducing legislative amendments to Chapter 21 of the Criminal Code of the Russian Federation aimed at forming norms on new property crimes against property that do not contain elements of theft of someone’s property.

scholarly journals Topical issues of qualifying violations of sanitary and epidemiological rules in the context of the spread of the new coronavirus infection (COVID-19)

2021 ◽  
Vol 1 (11) ◽  
pp. 67-71
Author(s):  
A.L. SANTASHOV ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Will ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Creation

The article discusses topical problems of qualification of violations of sanitary and epidemiological rules (Art. 236 of the Criminal Code of the Russian Federation). Particular attention is paid to the analysis of judicial practice in the case of such signs as “mass illness or poisoning of people” or “the creation of a threat of the onset of such consequences.” These questions are being updated by the author in connection with the spread and fight against the new coronavirus infection (COVID-19). Possible negative scenarios for the development of the situation with this disease in penitentiary institutions are predicted. It is concluded that responsibility for a violation of sanitary and epidemiological rules, which created a threat of the onset of such consequences, can occur only if this threat is real, when a mass illness or poisoning of people did not occur only as a result of timely adopted by state authorities, local self-government, medical employees and other persons of measures aimed at preventing the spread of the disease (poisoning), or as a result of other circumstances beyond the control of the will of the person who violated these rules.

scholarly journals Expert Concepts in Forensic Ecology

2021 ◽  
Vol 16 (1) ◽  
pp. 124-129
Author(s):  
N. V. Mikhaleva
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Environmental Harm ◽  
Scientific Concepts ◽  
Forensic Expertise ◽  
Environmental Object ◽  
The Russian Federation ◽  
Forensic Expert ◽  
Points Of View ◽  
Legal Concepts

The article addresses the existing points of view on the term “the language of forensic expertise”. The author draws attention to the fact that many forensic expert terms comprise a synthesis of legal and scientific concepts. The legal concepts contained in Chapter 26 “Environmental crimes” of the Criminal Code of the Russian Federation, and the definitions of some of them are analyzed. It is pointed out that a range of expert notions necessary for forensic purposes is defined by the GOST R 58081-2018 “Forensic environmental expertise. Terms and definitions”, including the concepts of “environmental harm”, “damage caused to an environmental object”. They should be gradually implemented into the practice of conducting forensic environmental investigations.

Occupation of the highest position in the criminal hierarchy: features of criminal law qualifications

2021 ◽  
pp. 500-509
Author(s):  
Ivan V. Pikin ◽  
Ilya A. Tarakanov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Group ◽  
Criminal Organization ◽  
Criminal Code ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View

We consider the features of criminal law qualification of occupying the highest position in the criminal hierarchy. We analyze the provisions of Article 210.1 of the Criminal Code of the Russian Federation, as well as the points of view of legal scholars about the specifics of establishing the highest criminal status of a person. As a result of this study, it is concluded that the establishment of the place of a specific subject in the criminal hierarchy is possible in those cases when the person confirms his criminal status or the persons involved as witnesses confirm that this person has a higher position in the criminal hierarchy. We believe that when determining the subject of a given crime, it is necessary to establish such signs as the subject’s opinion regarding this status; the opinion of the persons who were part of this criminal organization regarding the position of this person in it; his possession of “powers” of an administrative nature in relation to members of this criminal group or other persons adhering to “thieves’ concepts”; the opinion of other persons with the highest position in the criminal hierarchy regarding the criminal status of the subject. At the same time, it should be recognized that there is an urgent need for a judicial interpretation of the issues of quali-fication of a crime provided for in Article 210.1 of the Criminal Code of the Russian Federation, which necessitates the preparation of an appropriate resolution of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals Criminal misdemeanor: assessment of embodiment forms and prospects of existence

2020 ◽  
Vol 14 (3) ◽  
pp. 343-348
Author(s):  
V.V. Kosterin ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Record ◽  
Controversial Issues ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Points Of View

Recently there has been a discussion in criminal law science about the inclusion in the criminal block of a new institution – a criminal misdemeanor – a wrongful act, in relation to which special, less strict rules for determining the amount of punishment are applied and, presumably, the concept of a criminal record does not apply. The article examines the prospects for introducing the category of “criminal misdemeanor” in the Criminal Code of the Russian Federation, provides an assessment and comments on the reform proposed by the Supreme Court of the Russian Federation, examines various scientific points of view on the institution and approaches to formulating the definition, predicts the main directions of development of the new institution. The most controversial issues of a possible reform are: 1) the concept and place of a criminal misdemeanor (as an independent tort or a subtype of minor crimes); 2) the method of consolidation (in the form of a chapter of the criminal code or an independent code of criminal misdemeanors); 3) types of punishment (fine, correctional labor, arrest); 4) the occurrence of a criminal record (conditions, terms, duration); 5) ways of securing new punishments (in the form of independent articles of the criminal code or additional wording of existing articles, indicating a smaller amount of punishment if applied to a person who has committed a criminal misdemeanor).

scholarly journals Actual Problems of Exemption from Criminal Liability for Tax Crimes in Connection with Compensation for Caused Damage

2017 ◽  
Vol 4 (4) ◽  
pp. 135-142
Author(s):  
E V Barkalova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Russian Federation ◽  
Points Of View

In this article are analyzed the problems of determination of the amount of damage caused by commission of tax crimes. The author delineates the concepts of «damage» as the circumstance to be proved, in cases of commission of tax crimes and as a part of the grounds for exemption from criminal liability for commission of tax crimes under the art.76.1 of the Criminal Code of the Russian Federation and art. 28.1 of the Code of Criminal Procedure of the Russian Federation. Various scientific points of view and judicial-investigative practice on application of the mentioned above grounds for exemption from criminal liability are considered.

scholarly journals Constitutional Law Foundations for the Restriction of Human Rights in Connection with the New COVID-19 Pandemic

2020 ◽  
Vol 15 (12) ◽  
pp. 48-56
Author(s):  
E. N. Doroshenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Economic Activities ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Federal Laws ◽  
Spread Of Infection ◽  
Restrictive Measures ◽  
Legal Grounds ◽  
Mass Events

The paper investigates the issue of legal grounds for introducing restrictive measures in order to protect the population in the territory of the Russian Federation in connection with the spread of a new coronavirus infection. Complying with the requirements contained in the decrees of the President of the Russian Federation, the highest officials of the constituent entities of the Russian Federation have issued decisions on the introduction of the high-alert regime, including prohibitions on implementation of certain economic activities, free movement of citizens and vehicles, mass events. Despite the adoption of relevant amendments, federal legislation in the field of protection of the population from emergencies, as well as other federal laws have not defined conditions, terms and the scope of possible limitations. Therefore, the implementation of constitutional human and civil rights was subject to the content of the by-laws. Analysis of Art. 55 and 56 of the Constitution of the Russian Federation allows the author to enunciate the basic requirements for the system of restrictive measures to combat the spread of infection and identify its shortcomings.

On the issue of the public order concept in the context of criminal law qualification and differentiation of crimes from administrative offenses

2020 ◽  
pp. 122-134
Author(s):  
Vladimir Kokorev
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Public Order ◽  
Normal Functioning ◽  
Public Places ◽  
The Public ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Points Of View ◽  
Definition Of

We consider the concept of "public order". We emphasize that the protection of public order is reflected in a number of provisions of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Based on doctrinal points of view, a list of acts that infringe on public order is established, since not all the norms of these Codes specify that they are aimed at protecting public order from unlawful infringements. At the same time, the legislator does not propose its interpretation, although a number of regulatory legal acts regulating the protection of public order are adopted. Therefore, based on doctrinal points of view, we propose the definition of this concept: public order is expressed in the observance by individuals of the norms of laws, morality in public places, ensuring public peace, the inviolability of the person and the normal functioning of government bodies and local self-government, the activities of public organizations and legal entities. In addition, in the scientific literature there is a position that any crime violates public order (consequently, this also applies to administrative offenses), but based on judicial practice, we conclude that when committing other crimes and offenses that are not related to violation of public order, they do not indicate a violation of public order, and applicable to the analyzed acts there is not always any specification – what exactly is expressed in violation of public order.

scholarly journals On the Problems of Application of Parole to Persons Suffering from a Sexual Preference Disorder in the Form of Pedophilia in Modern Russia

Legal Concept ◽  
2020 ◽  
pp. 133-139
Author(s):  
Vladislav Kolbasin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Scientific Community ◽  
Criminal Policy ◽  
Criminal Code ◽  
Sexual Preference ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
The Russian Federation ◽  
Points Of View

Introduction: the protection of minors against sexual violence is one of the main directions of the criminal policy of the Russian Federation. Investigating the issue of struggling against sexual offences committed by persons with a disorder of sexual preference in the form of pedophilia, special attention should be paid to the repetition of the acts by the covered category of persons who served a sentence for committing similar crimes. The appalling statistics confirm the need to take drastic measures to combat the disease we are investigating, as well as excluding the possibility of parole for the category of criminals we are interested in. The purpose of this research is to analyze the legislation of the Russian Federation regulating the issues of parole for persons serving sentences for sexual crimes against minors, to study various points of view about the possibility of getting rid of the form of paraphilia that interests us by applying special medical measures, as well as to make suggestions for solving the problem under study. Methods: the methods of induction, analysis and statistical analysis are used. Results: the author’s well-founded position is based on the legislation and the opinion of the scientific community on the issue of excluding the possibility of parole for persons serving a sentence for committing a criminal act that infringes on the sexual integrity of minors. The paper presents the brief conclusions and suggestions for improving the Russian legislation in the field of combating recidivism of the crimes we are studying. Conclusions: we have found that parole for persons serving sentences for committing acts of the category under study often leads to deplorable consequences in the form of committing new violent sexual crimes against minors. And despite the provisions in the articles of the Criminal Code of the Russian Federation that complicate the procedure of parole for pedophiles, the number of violent sexual crimes against minors committed by persons who served a sentence for committing a similar crime and are on parole is growing.

scholarly journals ISSUES OF CRIMINALIZATION OF ILLICIT ENRICHMENT

2020 ◽  
Vol 30 (1) ◽  
pp. 105-112
Author(s):  
V.V. Rovneiko Rovneiko
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Civil Liability ◽  
Criminal Code ◽  
Reliable Information ◽  
Federal Law ◽  
The Russian Federation ◽  
Points Of View ◽  
Official Crime ◽  
Criminal Legislation

The article discusses the debatable issues of the implementation in the criminal legislation of the Russian Federation of article 20 of the UN Convention against Corruption on Illicit Enrichment. The materials contained in the passport of bills on amendments to the Federal Law “On Ratification of the UN Convention against Corruption” are examined. The author analyzes various points of view on the criminalization of illicit enrichment, as well as certain aspects of disciplinary liability for the failure to provide reliable information on the income and expenses of officials and civil liability in the form of appeals to property of the state, regarding which no evidence of its acquisition by legal income was presented. Proposals are substantiated to criminalize illegal enrichment as an official crime provided for by Chapter 30 of the Criminal Code of the Russian Federation and the conclusion is drawn on the need to criminalize illegal enrichment as a crime in the field of economic activity.

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