REFLECTION OF THE PROGRESS OF INFORMATION TECHNOLOGIES IN THE CONTENT OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF THE LEGISLATIVE DEFINITION OF THE SUBJECT OF A BRIBE)

2020 ◽  
pp. 44-49
Author(s):  
N.V. Ogorodnikova ◽  
A.K. Konovalov
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Criminal Code ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

scholarly journals Establishing the circumstances to be proven during verification of tax crime reports

2021 ◽  
Vol 118 ◽  
pp. 03005
Author(s):  
Gaisa Mosovich Meretukov ◽  
Aleksander Aleksandrovich Tushev ◽  
Aleksander Yuryevich Korchagin
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Scientific Work ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Joint Activities ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Crime Reports

The primary purpose of this scientific work is to study the specifics of initiating criminal cases on crimes under Articles 198, 199, 199.1, 199.2, 199.3, and 199.4 of the Criminal Code of the Russian Federation following current legislation. Using methods of analysis of legislation, published scientific works on the subject, legal comparison, study of practical activities of investigation bodies, the article developed scientific provisions and practical recommendations, which can be used in criminalistics and the activities of investigation bodies. In accordance with subparagraph “a” of paragraph 1 of part 1 of Article 151 of the Criminal Code of the Russian Federation, these crimes are investigated by investigators of the Investigative Committee of the Russian Federation. The reasons for initiating a criminal case can be both reports from the inquiry and the tax authorities (Part 7-9 of Article 144 of the Criminal Code of the Russian Federation). Another result of the work considered the joint activities of these bodies to establish the event and traces of the crime during the verification of tax crime reports and the conclusions obtained during the analysis of the applied forensic methods and means during such verification. The novelty of the work lies in the definition of the circumstances included in the subject of proof, which can be established in deciding the issue of initiation of criminal proceedings for this category of crimes. It also substantiates the problems that arise during the verification of messages. The results and novelty of the study will allow optimizing the activities of the bodies of preliminary investigation and inquiry.

scholarly journals Remote tax controlling in the digital economy as a necessary time requirement for optimizing the activities of tax authorities

2020 ◽  
pp. 155-164
Author(s):  
Tatyana V. Deeva ◽  
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Digital Economy ◽  
Full Time ◽  
The Subject ◽  
The Russian Federation ◽  
New Form ◽  
The Times ◽  
Definition Of

The subject/topic. The article is devoted to the consideration of a new form of tax controlling, its transition to a qualitatively new level with emphasis on the benefits of the remote format of tax controlling in the context of digitalization of economic activity, as well as its impact on improving the work of tax authorities. Goals/objectives. The aim of the work is to disclose the essence of the concepts of «digital economy» and «remote tax controlling» and the advantages of using it to optimize the activities of tax authorities dictated by the trend of the times. Method-ology. The author’s definition of the concept of «digital economy» is given, a comparative analysis of the advantages of full-time and remote forms of tax controlling is developed and presented, the goals of modernizing the tax system are given; the advantages of working in priority areas for identifying the reserves of the tax potential of the country's budget are described. Results. The conclusion is made about the need to optimize the activities of tax authorities. The main advantages of using such a tool as remote tax controlling are highlighted. It was added that such a measure would also be an excellent solution both in order to achieve a balanced and stable territorial budget, and to reduce interregional differences in the level and quality of life of Russians. The paper also discloses a list of information technologies implemented in the activities of the Federal Tax Service of the Russian Federation and de-scribes the benefits of switching to digital accounting methods. Conclusions/significance. The necessity of the transition to the method of remote tax con-trolling is substantiated, which facilitates the work of specialists in particular and regulatory authorities in general. A number of advantages are described when implementing this tool, including temporary savings, and an increase in the reliability and completeness of the data obtained. Application. The remote tax controlling tool considered in the article can be used both to improve the strategies of the executive authorities and to improve control over the implementation of national projects of the Russian Federation.

scholarly journals Criminalistic characteristic of investigation of undue influence upon critical information structure of the Russian Federation

2020 ◽  
pp. 50-59
Author(s):  
Filipp Alekseevich Golubev
Keyword(s):  
Russian Federation ◽  
Information Structure ◽  
Information Technologies ◽  
Criminal Activity ◽  
Criminal Code ◽  
Undue Influence ◽  
Comprehensive Description ◽  
Critical Information ◽  
The Subject ◽  
The Russian Federation

This article provides comprehensive description of the crime established by the Article 274.1 of the Criminal Code of the Russian Federation. The subject of this research is the crimes in the area of information technologies and their circumstances set by the Article 274.1 of the Criminal Code of the Russian Federation, as well as comprehensive characteristic of criminal impact upon the critical information infrastructure of the Russian Federation. The subject of research also includes the concept of the object of infringement – the critical information structure of the Russian Federation, isolated circumstances of the instance of crime that determine the nature and dynamics of criminal activity thereof, classification and criminalistic characteristic of the objects of crime, essential evidence of unfavorable consequences of undue influence upon critical information structure of the Russian Federation. Definition is given to the concept of the object of infringement – the critical information structure of the Russian Federation. The author examines isolated circumstances the instance of crime that determine the nature and dynamics of criminal activity thereof. Classification and criminalistic characteristic are given to the objects of crime; essential evidence of unfavorable consequences of undue influence upon the critical information structure of the Russian Federation is identified and analyzed. The author concludes that taking into consideration the fact that currently there is no practice, guidelines, recommendations on investigation and detection of crimes established by the Article 274.1 of the Criminal Code of the Russian Federation, the crimes that fall under the indicated category have even grater latency compared to other crimes of the Chapter 28 of the Criminal Code of the Russian Federation, which necessitates the development of guidelines, recommendations, normative legal and local acts on detection, investigation and prevention of crimes in the area of computer technologies.

scholarly journals Coercion to Sexual Acts: Issues of Interpretation and Application

Lex Russica ◽  
2021 ◽  
pp. 54-66
Author(s):  
K. V. Dyadyun
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sexual Crimes ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Cis Countries ◽  
The Moment ◽  
Definition Of

The paper analyzes the features of the regulation of objective and subjective characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation, their influence on application of the aforementioned norm. The paper examines the category of "compulsion", the concept of "other sexual actions", their correlation with the definition of "sexual harassment". The paper resorts to legal and etymological approaches to the understanding and content of these terms, gives recommendations for improving the legislative and law enforcement practice in this area. The author analyzes the approach to the interpretation of the content aspects of compulsion—encouragement/compulsion. The issue of the moment of the end of the criminal act under consideration (process/result) is examined. The author determines and substantiates deficiencies in the regulation of methods of coercion to actions of a sexual nature. The concept of "dependence" in the considered area, its relationship with the state of helplessness is investigated. The essential and substantive characteristics of the threat as a method of coercion to sexual actions (criteria and their interpretation) are analyzed. Also, the author examines the issue of qualifying characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation and problems of interpretation of the characteristics of the subject matter, motives and purpose of this act. The complexity of the delimitation of the aforementioned criminal act from an insignificant offense, a moral offense, an administrative offense, and related crimes are indicated. The author also analyzes the issue of qualification of the act under Art. 133 of the Criminal Code of the Russian Federation and its impact on its relationship with violent sexual crimes. The paper presents an analysis of the legislation of the CIS countries on the issue under consideration and provides for historical summary about the evolution of the domestic legislative approach in the aforementioned area. The determinants of law enforcement problems are identified and indicated. Conclusions and recommendations are based on the study of judicial practice, researchers’ opinions, the RF Supreme Court standing, the rules applied to qualify criminal acts.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

Murder Motivated by Blood Feud: Features of the Subject of the Crime

2021 ◽  
pp. 253-268
Author(s):  
Konstantin V. Korsakov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Professionals ◽  
Judicial Practice ◽  
Long Time ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
The Given

This article focuses on the resolution of issues and difficulties legal professionals encounter when qualifying criminal acts under Item e.1 of Part 2 of Article 105 of the Criminal Code of the Russian Federation (Item e.1). The issues and difficulties appeared when the 1996 Criminal Code entered into force and still exist. They are associated with the absence of a legal definition of blood feud in the text of the Criminal Code and other federal statutes, and also with the fact that Decision No. 1 of the Plenum of the Supreme Court of the Russian Federation, On Judicial Practice in Murder Cases, of 27 January 1999, both in the previous and in the current versions, does not contain any comments and clarifications on the characteristics of Item e.1. The greatest difficulties in investigative and judicial practice appear when determining the subject of the given crime. For a long time, the question of what kind of subject of the crime - general or special - is the subject of the crime envisaged in Item e.1 (formerly Item k of Article 102 of the Criminal Code of the RSFSR) continues to be controversial and open in the Russian criminal law theory. The author of the article has made a comprehensive critical analysis of the points of view, opinions, and approaches available in the criminal law doctrine regarding the definition of the type of subject in Item e.1 - murder motivated by blood feud; this has an important qualification value and directly affects the legal assessment of the criminal act provided for in this item. The article presents and examines the doctrinal provisions, court decisions, and norms of criminal law in terms of determining the type of subject of murder motivated by blood feud. The author proposed, explained, and scientifically substantiated a uniform approach to the definition of the subject in Item e.1; this approach can order the Russian law enforcement practice and resolve all the problems. The author also formulated conclusions supported by arguments and reasons. The conclusions confirm the correctness of the scientific and legal approach, according to which the subject of the crime envisaged in Item e.1 is special and should belong to a group of population which cultivates the custom of blood feud.

Cybercrimes against Property and Problems of Qualification and Correspondence of Actions Prohibited by Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation (on the Example of a Particular Judicial Decision)

2020 ◽  
Vol 4 ◽  
pp. 82-93
Author(s):  
Y. O. Kuchina ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Judicial Decision ◽  
Judicial Practice ◽  
Digital Development ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The interest in digital development and the specifics of its legal regulation does not practically affect the problems of applying the provisions of Chapter 28 of the Criminal Code of the Russian Federation and the qualifications of acts falling under the definition of «cybercrimes against property» and Art. 272 and Art. 273 in particular. Analyzing a judicial decision, the author on a practical example reveals the main qualification problems that currently exist in the judicial practice. The author states that the outdated and overly detailed definition «computer information» which is given in the note to Art. 272 of the Criminal Code, leads to the fact that the rules of law, in which this term is included, are applied erroneously. Considering how the perception of the meaning of dispositions of Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation, in cases of committing a crime in a virtual dimension, the author reveals the interdependence of the technical component of the subject of the crime and the place of its commission with the legal regulation of protected public relations and their external perception by the law enforcer. The article offers recommendations on the maximum elimination of possible errors in qualifications and shows on specific examples which particular signs and elements in the mechanism of a specific act affect the formation of erroneous law enforcement practice.

ON THE QUESTION OF SOME FEATURES OF THE UNIFIED STATE REGISTERS AS THE SUBJECT OF A CRIME

2021 ◽  
Vol 17 (2) ◽  
pp. 277-284
Author(s):  
INESSA PETROVA ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Practical Significance ◽  
Effective Synthesis ◽  
The Subject ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Definition Of

The article considers some features of the unified state registers that are the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation, reveals the content of each designated feature of the concept under study, which allowed us to formulate a definition of the unified state registers. The systematization of the unified state registers is given, based on their classification on various grounds. Attention is drawn to the peculiarities of criminal law protection of relations in the field of maintaining unified state registers, for the understanding of which it is necessary to know the regulatory legislation, since the disposition of the criminal law norm provided for in Article 2853 of the Criminal Code of the Russian Federation is of a blank nature. The study shows that a clear definition of unified state registers allows us to assess from a legal point of view which of them are the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation, which is reflected in the correct qualification of criminal acts that infringe on relations in the field of maintaining unified state registers. The purpose of the study is to clarify the features of criminal law protection of relations in the field of maintaining unified state registers through the prism of understanding some of the characteristic features of unified state registers as the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation. The conducted research allowed us to formulate the author's definition of the unified state registers, to clearly identify the features inherent in the unified state registers, which allows us to give a legal assessment of acts containing signs of a crime under Article 2853 of the Criminal Code of the Russian Federation. The methodological basis of the work is a synergetic approach, implemented through structural analysis and effective synthesis through the study of certain aspects of the criminal law phenomenon under consideration. The practical significance of the work consists in the possibility of distinguishing the attribution of unified state registers to the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation from unified state registers that are not such, which will eventually be reflected in a clear distinction between criminal acts and other illegal ones.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

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