scholarly journals Features of criminal liability of legal entities under the laws of the Russian Federation and the USA: a comparative analysis

2019 ◽  
Vol 40 ◽  
pp. 132-135
Author(s):  
S. Lukyanchenko ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
The Usa ◽  
The Russian Federation ◽  
Legal Entities

Die Einführung der strafrechtlichen Verantwortlichkeit juristischer Personen in Russland

2019 ◽  
Vol 65 (1) ◽  
pp. 93-105
Author(s):  
Sergey A. Markuntsov ◽  
Martin Paul Waßmer
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Historical Overview ◽  
Pros And Cons ◽  
The Russian Federation ◽  
Contemporary Practice ◽  
Legal Entities

This article examines considerations in the context of the introduction of criminal liability for legal entities - which is currently being discussed in Russia. It provides an historical overview of the discussions in this respect, and further sheds light on the contemporary practice of liability for legal entities in the Russian Federation, outlining the pros and cons of the institution of criminal liability for legal entities. Despite the fact that respective legislative draft laws were intiated in Russia, the country still remains one of the few countries in Europe where criminal liability for legal entities is currently not stipulated by law.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

MONEY LAUNDERING FROM THE POINT OF VIEW OF THE SLOVAK AND RUSSIAN LEGISLATION

2020 ◽  
Vol 10 (2) ◽  
pp. 95-102
Author(s):  
MARGITA PROKEINOVÁ ◽  
◽  
NATÁLIA HANGÁČOVÁ
Keyword(s):  
Money Laundering ◽  
Russian Federation ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Point Of View ◽  
International Level ◽  
Significant Difference ◽  
The Russian Federation ◽  
Legal Entities

The article analyzes strategy regarding anti-money laundering policy in the Slovak Republic and the Russian Federation. Article also emphasises fight against money-laundering at the international level. Money laundering is the process of concealing illegal origin of money and bringing appearance of legality to money deriving from criminal activities. States have eminent interest to prevent such activities from occurring. Article focuses on the Slovak legislation concerning anti-money laundering including criminal liability of legal entities. Law which would enact criminal liability of legal entities in the Russian Federation was not adopted yet. Authors came to conclusion that legal acts of the Slovak Republic and the Russian Federation are similar but in certain areas they differ. One significant difference has been observed by authors.

Crime prevention through criminal liability of legal entities: problems of theory and law enforcement practice

2020 ◽  
pp. 216-224
Author(s):  
Mikhail Dvoretskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
International Organizations ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Authorities ◽  
Foreign Companies ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legal Entities

We investigate the possibility of introducing criminal liability of legal entities in the Criminal Code of the Russian Federation. We analyze the provisions of regulatory enactment providing for this substantial reform. We consider initiatives and projects proposed by public authorities to amend and supplement domestic legislation. We examine the positions of reputable ex-perts, famous scientists and high-demand practitioners, who express opposite opinions on the initiated correlations and participating in the discussion. We analyze the provisions of the conventions of international organizations pro-viding for the introduction of criminal liability of legal entities in the legisla-tion of member states, due to involvement in corruption crimes, if bribery of foreign officials and corporate corruption were used. The work discusses the provisions of the bill of 2015 finalized by the Investigative Committee of Russia on the introduction of criminal liability for legal entities for the com-mission of crimes contained in the current thirty eight articles of the Criminal Code of the Russian Federation, to which Russian, as well as a number of foreign companies and international organizations represented and separate units. We draw conclusions and make suggestions for further improvement of the Criminal code of the Russian Federation.

Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union

2020 ◽  
Vol 11 (4) ◽  
pp. 1405
Author(s):  
Anna V. SEREBRENNIKOVA ◽  
Tatjana F. MINYASEVA ◽  
Nagima S. KALA ◽  
Alexei A. MALINOVSKY ◽  
Victoria M. MALINOVSKAYA ◽  
...  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Organ Trafficking ◽  
The Russian Federation ◽  
The Creation

Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.

scholarly journals CORRUPTION COMBATING: A COMPARATIVE LAW ASPECT

2019 ◽  
Vol 1 ◽  
pp. 74-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Comparative Method ◽  
Criminal Liability ◽  
Comparative Law ◽  
Legal Issues ◽  
International Obligations ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The article is dedicated to the review of legal issues of corruption combating using a comparative method. The author notes the importance of such research for discharge of international obligations in the said sphere arising out of agreements entered into by the Russian Federation; the development of international cooperation in corruption combating; study of the most efficient anti-corruption solutions in place in other countries as to their possible use in the national laws. The publication reviews the issues of definition of such concepts as corruption, fight against corruption, corruption combating, criminal liability of legal entities for corruption-related offenses in various countries. Attention is focused on a comparison of the Russian and Chinese anti-corruption laws. The criminal, administrative, civil, disciplinary, economic and party types of the liability for corruption are singled out.

scholarly journals THE SCIENTIFIC SCHOOL OF PROFESSOR ANATOLIY V. NAUMOV

2019 ◽  
Vol 5 ◽  
pp. 3-12
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Law School ◽  
Scientific School ◽  
Russian Scientist ◽  
80Th Anniversary ◽  
Soviet Scientist ◽  
The Russian Federation ◽  
Legal Entities

The article is prepared in view of the 80th anniversary of a famous Russian scientist, Professor Anatoliy V. Naumov. The article analyzes A.V. Naumov’s views on the development of criminal law as a science and legislation; justifies presence of the scientific criminal law school he created. Anatoliy Valentinovich is acknowledged a law expert carrying on and developing the traditions of the Kazan criminal law school where he became a lawyer and a scientist. Is it noted that in his research A.V. Naumov recalls and quotes representatives of this school frequently and with deep respect: G.I. Solntsev, A.A. Piontkovskiy (senior) and A.A. Piontkovskiy (junior), G.S. Feldstein, B.S. Volkov. Among other things, A.V. Naumov analyzes G.I. Solntsev’s views who was the first Russian scientist to justify as early as in 1820 the need for acknowledging legal entities crime subjects and criminal liability subjects. Attention is paid to the fact that A.V. Naumov was the first Soviet scientist specializing in criminal law to support the institution of criminal liability of legal entities; the author reviews the approaches of Professor A.V. Naumov towards evaluation of the institution of criminal liability of legal entities and options for introduction of such liability in the Russian Federation.

scholarly journals PROBLEMS OF LEGAL LIABILITY OF THE EMPLOYER (ACCORDING TO ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 30 (5) ◽  
pp. 689-696
Author(s):  
A.I. Alimova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Social Benefits ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Made In

The article presents the analysis of a crime, providing for liability for non-payment of wages and social benefits (article 145.1 of the Criminal Code of the Russian Federation). The issues of cross-sector differentiation of employers' liability for non-payment of wages (material, administrative, criminal liability) are considered. A comparative analysis of the specifics of employers' legal liability for non-payment of wages and other payments was made in terms of criminal, criminal procedural, administrative and labor legislation of the Russian Federation, which revealed a large number of problems that need to be resolved. In general, the analysis of earlier studies on this problem shows positive dynamics of resolution of theoretical and applied problems, but at the same time there are issues that have not yet been resolved, in particular, the identification of features of objective and subjective features of the crime under Article 145.1 of the Criminal Code of the Russian Federation. It is pointed out that it is necessary to formulate and evaluate proposals on qualification of a crime under Article 145.1 of the Criminal Code of the Russian Federation, define criteria for delimitation of the crime under Article 145.1 of the Criminal Code from related and competing crimes, which will make it possible to formulate proposals on the new version of Article 145.1 of the Criminal Code based on the provisions and conclusions of the research.

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