scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

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.

Public danger of crimes relapse

2020 ◽  
pp. 111-121
Author(s):  
Sergey Kartashov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The Public ◽  
Special Part ◽  
Principle Of Justice ◽  
General Part ◽  
The Russian Federation ◽  
First Time

We point out that the danger is not the relapse of the crime, but the identity of the criminal, since the punishment for the person who committed the crime for the first time and the criminal who committed the crime again must be different, otherwise it would be contrary to the provision of the Criminal Code of the Russian Federation “Principle of justice”, which requires taking into account the degree of committed socially dangerous crime and the identity of the perpetrator. It is reflected that since 2012 there has been a revival of “special relapse” in some corpus delicti (Articles 131, 264.1, etc.). In addition, we clarify that, in a certain sense, relapse can also include corpus delicti with administrative prejudice, but their reflection in the Special Part of the Criminal Code of the Russian Federation contradicts the concept of crime (Article 14 of the Criminal Code of the Russian Federation), but directly on administrative prejudice in the General Part of the Criminal Code of the Russian Federation domestic legislator did not mention anything. We note that in the current legislation it is necessary to return to the use of the term “relapsed criminal”, since it is precisely the number and categories of crimes that indicate the public danger of the identity of the perpetrator. We also denote that the relapse of crimes does not increase the degree of public danger of a particular crime, but testifies to the public danger of the identity of the perpetrator committing a certain act prohibited by criminal law.

scholarly journals Calculation of the Amount of Damage Caused by Deliberate Bankruptcy (Article 196 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 1 ◽  
pp. 47-51
Author(s):  
Anna A. Korennaya ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Moment

The article discusses the issues of determining the amount of damage from premeditated bankruptcy in several aspects: 1) establishing the structure of damage 2) establishing the value 3) determination of the end of the crime by the moment of causing damage on a large scale. Based on the analysis of the doctrine of criminal law and the practice of applying Art. 196 of the Criminal Code of the Russian Federation, the author sets out his own conclusions, the use of which in law enforcement practice will minimize errors in the qualification of deliberate bankruptcies.

scholarly journals On the construction of the purpose of punishment in criminal law

2019 ◽  
Vol 13 (1) ◽  
pp. 50-53
Author(s):  
S. A. Borovikov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
Clear Guideline ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The One

The subject of consideration of this paper is the study of the purposes of punishment enshrined in article 43 of the Criminal Code of the Russian Federation. Attention is drawn to the similarities and differences in the approaches used to determining the purpose of criminal punishment in the laws of different countries and historical periods, the need for a critical assessment of the existing legislative decision. In the course of a comparative analysis the conclusion is formulated that the current version of the purposes of punishment in criminal law is overly broad, which creates the illusion of its achievement and in some cases the competition of its parts among themselves. So the first of those mentioned in article 43 of the Criminal Code of the Russian Federation the purpose of restoring social justice is a quality that should be inherent in punishment. The second of the purposes stated in the law – the correction of the convict – is one of several ways to achieve it. However the very purpose of the punishment is not to correct the convict. The third of these purposes – the prevention of crimes – is most consistent with the purpose of punishment, but it is quite lengthy and requires clarification. In addition it does not contain a clear focus on a person who can or has committed a crime. According to the results of the analysis it is proposed to carry out an adjustment of the purposes of criminal punishment in the law. The purpose of punishment should be one and have a common focus. In this regard it is proposed to define as the purpose of punishment – retention persons from committing crimes. The single and understandable purpose of punishment on the one hand will be a clear guideline in constructing the type and size of both the main and additional punishments in the sanctions of the articles of the Special Part, and on the other will allow the courts to choose the punishment that most corresponds to the intended result.

QUALIFYING SIGNS GENERAL CHARACTERISTIC AND THEIR IMPORTANCE IN CORPUS DELICTI STRUCTURE PLANNING

2019 ◽  
pp. 66-75
Author(s):  
Mikhail Alekseyevich Avdeyev ◽  
Anastasiya Sergeyevna Shtrants
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
General Characteristic ◽  
Criminal Code ◽  
Controversial Issues ◽  
Dual Nature ◽  
The Russian Federation ◽  
The One ◽  
Objective Side

We consider qualifying signs of the crime as one of the forms of differentiation of criminal liability, reflecting the qualitative characteristics of the criminal act. Also we analyze the doctrinal approaches to the two most controversial issues of the theory of criminal law concerning the nature and content of qualifying signs: their correlation with the circumstances aggravating the punishment, as well as a constructive connection with the corpus delicti. We draw a conclusion that such qualifying signs as the criminal law category have a dual nature. On the one hand, they are comparable to the aggravating circumstances listed in article 63 of the Criminal Code of the Russian Federation, on the other hand, they are expressed in the norms of the Special part of the Criminal Code of the Russian Federation as constructive signs of corpus delicti the strengthening of the level of criminal repression in relation to the basic composition of the relevant crime. In particular it is a constructive connection with the corpus delicti expresses the most popular in the literature classification of qualifying signs of the circumstances relating to: the object and the objective side, the subject and the subjective side of corpus delicti. We propose interpretation of the concept of qualifying signs, which are indicated by the circumstances, which is a constructive element of the corpus delicti, which indicate increased relative to the basic corpus delicti of public danger of the act and the identity of the person committing the act.

scholarly journals On the Appropriateness of the Use of the Term “Inducement” in Article 2301 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 18 (4) ◽  
pp. 433-444
Author(s):  
A. V. Syntin
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Medical Personnel ◽  
Criminal Code ◽  
The Other ◽  
Long Time ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
Criminal Legislation

The problem of prohibited substances (methods) abuse in sport has existed for quite a long time. On the one hand, by criminalizing certain anti-doping rules violations, legislation expanded the liability limits of coaches, sports medical personnel, and of other specialists in the field of sports, which can be regarded positively. On the other hand, it made certain mistakes which impeded the effectiveness of these laws enforcement. Among other things, there is a problem with definition of the term “inducement”. The term itself is defined in the note to article 2301 of the Russian Federation Criminal Code, but there is a controversy in demarcation of inducement. methods. While deception, the use of violence and instructions as inducement methods are socially dangerous at substantial level and can be regarded as methods of committing the crime, the provision of information or the prohibited substances themselves (means of using methods) cannot be regarded as methods of committing the crime. Such a definition of inducement means also leads to contradictions with the corpus delicti under Article 2302 of the Russian Federation Criminal Code. In addition, there are also different interpretations regarding the methods of inducement, coercion, involvement in the other corpus delicti, which, all together with the lack of a unified interpretation of the terms affects the possibility of bringing the guilty persons, especially coaches, sports medical personnel and other specialists in the field of sports, to criminal responsibility. The survey conducted among lawyers also has revealed difficulties in distinguishing these terms in practice. Based on the criminal legislation analysis, the author comes to the conclusion that the amendments in the Russian Federation Criminal Code are necessary.

scholarly journals Constitutional basis of commensuration and proportionality of criminal punishment

2021 ◽  
Vol 2021 (3) ◽  
pp. 73-81
Author(s):  
Ol'ga Guzeeva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Punishment ◽  
Other Hand ◽  
The Russian Federation ◽  
The One ◽  
Law Regulation

In the matter of concretizing the constitutional basis of criminal law regulation, the task of building a system of criminal punishments and the rules for their appointment that is adequate to the constitutional basis is of great importance. In its decisions, the Constitutional Court of the Russian Federation formulated a number of legal positions, which, on the one hand, confirm the already existing criminal law decisions, and on the other hand, act as a fundamental guidance for all subsequent decisions, serve as a criterion for checking the constitutionality of criminal law regulations. Based on the generalization and analysis of the practice of the Constitutional Court of the Russian Federation, the article presents the main requirements, the observance of which is intended to ensure the commensuration and proportionality of criminal punishment as a means of limiting the rights of a person who has committed a crime. Among these requirements, priority is given to: the prohibition of cruel, inhuman and degrading forms of punishment; limiting the punitive treatment on the person who committed the crime, exclusively within the framework of criminal responsibility; differentiation of criminal punishment and the rules for its appointment while observing the principle of legal equality; commensuration and proportionality of the punishment established by law and imposed by the court on the grounds for the application of measures of criminal responsibility; potential and real ability of punishment to ensure the achievement of the goals of criminal law impact.

Why criminal penalty has to be a penalty

2019 ◽  
pp. 84-96
Author(s):  
Александр Викторович Шеслер
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Positive Role ◽  
Criminal Penalty ◽  
Principle Of Justice ◽  
Concrete Type ◽  
The Russian Federation ◽  
Criminal Penalties ◽  
Severe Type

В статье обосновывается необходимость указать в ст. 43 УК РФ на карательный характер наказания. Отмечается, что придание наказанию карательного характера сыграло положительную роль в практике применения уголовных наказаний. Подчеркивается важное значение талиона, с которого началась эволюция уголовного наказания, связанная с ограничением наказаний по интенсивности, продолжительности и кругу лиц. Делается вывод о том, что указание в уголовном законе на карательный характер уголовного наказания позволить установить критерий, отличающий наказание от иных мер уголовно-правового характера, закрепленных в гл. 15 УК РФ. Подчеркивается, что акцентирование законодателем внимания на карательном характера наказания позволит превратить перечень наказаний, определенный в ст. 44 УК РФ, в систему наказаний, так как появится критерий, измеряющий верхний предел конкретного вида наказания, за который оно не должно переходить, чтобы не перерасти в более суровый вид наказания. Обосновывается влияние карательного характера наказания на реализацию закрепленного в уголовном законе принципа справедливости. Need to specify in Article 43 of the Criminal Code of the Russian Federation on the retaliatory nature of punishment is proved in article. It is noted that giving to punishment of retaliatory character played a positive role in practice of application of criminal penalties. The importance of a talion with which the evolution of criminal penalty connected with restriction of punishments on intensity, duration and a circle of people began is emphasized. The conclusion that the instruction in the criminal law on the retaliatory nature of criminal penalty to allow to establish the criterion distinguishing punishment from other measures of criminal character enshrined in Chapter 15 of the Criminal Code of the Russian Federation is drawn. It is emphasized that emphasis by the legislator of attention on retaliatory the nature of punishment will allow to turn the list of punishments defined in Article 44 of the Criminal Code of the Russian Federation, in the system of punishments as there will be a criterion measuring the top limit of punishment of a concrete type out of which it should not pass not to develop into more severe type of punishment. Influence of retaliatory nature of punishment on realization of the principle of justice enshrined in the criminal law is proved.

scholarly journals Appeals and inducements as characteristics of crimes influenced by media and information and telecommunication networks

2020 ◽  
Vol 2020 (1) ◽  
pp. 91-98
Author(s):  
Andrey Antipov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Competition Rules ◽  
The Media ◽  
The Russian Federation ◽  
The One ◽  
Objective Side ◽  
High Level

The urgency of the problems of combating crime committed through the media and telecommunication networks has reached a high level. The present paper gives a detail analysis of the notions of “inducement” and “appeals” made by the Supreme Court of Russia, explanatory dictionaries as well as criminal law scholars. Based on the analysis the author suggests his own definitions of “inducement” and “appeals” in the Criminal law of the Russian Federation. The author solves the problem of qualifying an act in the case of competition rules, on the one hand, providing for participation in the commission of a crime, the objective side of which, among other things, can be performed by declination and appeals and, on the other hand, independent appeals and inducement to commit a crime. Using the example of article 212 of the Criminal Code of the Russian Federation, the author solves the problem of qualification of acts in the case of competition of criminal law norms. A comparison of punishments in the main part of the article and in the part where the act is carried out using the media or information and telecommunications networks is made. There are some articles of the Criminal Code of the Russian Federation in the dispositions of which inducement and appeals do not provide implementation with the use of mass media and telecommunication networks. It is concluded that such norms need to be analyzed to establish more severe penalties for the acts influenced by media and telecommunication networks.

scholarly journals Failure to render medical aid to the patient (Article 124 of the Criminal Code of the Russian Federation) as an intended crime: a concurring opinion

2021 ◽  
pp. 24-48
Author(s):  
Kirill Alekseevich Berchanskiy
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Complex Nature ◽  
Medical Aid ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
First Time

The subject of this research the judicial practice of Russian courts for the period from 2010 to 2020 on crimes qualified under the Article 124 of the Criminal Code of the Russian Federation. The subject also includes: relevant provisions of the Russian, Soviet and foreign legislation; doctrinal research dedicated to such types of crimes and iatrogenic crimes in general; as well as crimes with two elements of guilt. The goal is to indicated the discrepancies in the practice of Russian courts, clarify the contributing circumstances, and develop proposals for their elimination. The scientific novelty of this work is dictated by integrity of the used data and methods, previously undisclosed factors of law enforcement and doctrinal contradictions, as well as conclusions that are formulated in the Russian criminal law science for the first time. The first conclusion of this research consists in determination of essential contradictions in the practice of Russian courts with regards to application of the Article 124 of the Criminal Code of the Russian Federation “Failure to render medical aid to the patient”. The author established that the reason for these contradictions lies in disparity of the researchers in the question of the subjective side of the crime. The cause of this phenomenon is of complex nature, including the influence of the previously refuted theory of the “mixed” element of guilt. The main result of this research consists in substantiation possibility of establishing the two elements of guilt in the act qualified under the Article 124 of the Criminal Code of the Russian Federation, which however results from the flaws of the legal technique. As a solution to this problem, the author offers the projects of reforming the domestic criminal law based on the adapted provisions of the German criminal law.

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