scholarly journals CURRENT STATE OF THE LAW ON CRIMINAL LIABILITY FOR VIOLATION OF THE PROCEDURE OF ENTRY INTO THE TEMPORARILY OCCUPIED TERRITORY OF UKRAINE AND EXIT

2020 ◽  
pp. 26-36
Author(s):  
В. Г. Деркач
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Armed Forces ◽  
The State ◽  
Territorial Integrity ◽  
Occupied Territory ◽  
Current State ◽  
The Russian Federation ◽  
The Law

The article examines the current state of the law on criminal liability for violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine, as a result of which Art. 332-1 of the Criminal Code of Ukraine to decriminalize at least because the regime of the temporarily occupied territories is temporary, and the temporary articles of the criminal law to the world have not yet been known. The Constitution of Ukraine in Art. 17 declared that the protection of the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security are the most important functions of the state, the business of the entire Ukrainian people. The defense of Ukraine, protection of its sovereignty, territorial integrity and inviolability are entrusted to the Armed Forces of Ukraine. Ensuring state security and protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. In late 2013 - early 2014, the Russian Federation, taking advantage of the problems in our army to perform such functions, launched an open armed aggression, which, in addition to killing tens of thousands of Ukrainians, led to the illegal annexation of Crimea and occupation of Donetsk and Luhansk regions. In fact, the state border with the Russian Federation in eastern Ukraine has become a line of demarcation between the territory controlled by the state of Ukraine and the temporarily occupied territory of Ukraine. The Ukrainian Parliament reacted to this acute problem in a rather predictable way - on April 15, 2014, the Law of Ukraine № 1207-VII “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” was adopted. 332-1 "Violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine." Such a decision of the Verkhovna Rada of Ukraine provoked both sharp discussions in the science of criminal law and problems in the application of this norm in practice. Thus, during the period under study from 2014 to February 2021, we registered 212 cases of violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine. However, according to the State Judicial Administration of Ukraine, the courts of Ukraine have handed down 30 court convictions for violating the procedure for entering and leaving the temporarily occupied territory of Ukraine. Of these, 7 were handed down in 2015, 21 in 2016, and one sentence each in 2017 and 2019.

scholarly journals GROUNDS AND PRINCIPLES OF CRIMINALIZATION OF VIOLATION OF THE PROCEDURE OF ENTRY INTO THE TEMPORARILY OCCUPIED TERRITORY OF UKRAINE AND EXIT FROM IT

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 23-35
Author(s):  
В. Г. Деркач
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
The State ◽  
Territorial Integrity ◽  
Occupied Territory ◽  
The Russian Federation ◽  
The Law

The article examines the current state of the law on criminal liability for violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine, as a result of which Art. 332-1 of the Criminal Code of Ukraine to decriminalize at least because the regime of the temporarily occupied territories is temporary, and the temporary articles of the criminal law to the world have not yet been known. The Constitution of Ukraine in Art. 17 declared that the protection of the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security are the most important functions of the state, the business of the entire Ukrainian people. The defense of Ukraine, protection of its sovereignty, territorial integrity and inviolability are entrusted to the Armed Forces of Ukraine. Ensuring state security and protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. In late 2013 - early 2014, the Russian Federation, taking advantage of the problems in our army to perform such functions, launched an open armed aggression, which, in addition to killing tens of thousands of Ukrainians, led to the illegal annexation of Crimea and occupation of Donetsk and Luhansk regions. In fact, the state border with the Russian Federation in eastern Ukraine has become a line of demarcation between the territory controlled by the state of Ukraine and the temporarily occupied territory of Ukraine. The Ukrainian Parliament reacted to this acute problem in a rather predictable way - on April 15, 2014, the Law of Ukraine № 1207-VII “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” was adopted. 332-1 "Violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine." Such a decision of the Verkhovna Rada of Ukraine provoked both sharp discussions in the science of criminal law and problems in the application of this norm in practice. Thus, during the period under study from 2014 to February 2021, we registered 212 cases of violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine. However, according to the State Judicial Administration of Ukraine, the courts of Ukraine have handed down 30 court convictions for violating the procedure for entering and leaving the temporarily occupied territory of Ukraine. Of these, 7 were handed down in 2015, 21 in 2016, and one sentence each in 2017 and 2019.

Exemption from Criminal Responsibility in Cases over Crimes in the Field of Economic Activity

10.12737/7254 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Оксана Макарова ◽  
Oksana Makarova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
Constitutional Principle ◽  
The Russian Federation

In recent years in our country the steady tendency to increase of authority of the state in the sphere of business and strengthening of economic security is observed. The state finds new opportunities of effective counteraction of crime in the economic sphere, including by means of liberalization and a humanization of the criminal legislation. Among the main acts aimed at the improvement of criminal law, can be called the Federal law of December 7, 2011 No. 420-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” which provides the special basis of release from criminal liability for commission of crimes in the sphere of economic activity. The specified basis is fixed in the new Article 761 “Exemption from criminal liability in cases of crimes in the sphere of economic activity” of the Criminal Code of the Russian Federation. In the explanatory note to this document it is noted that “such addition of the criminal law is caused by the necessity of its further humanization and counteraction to abuses in the field of investigation of economic crimes”. In the article mentioned Article 761 thoroughly analyzed in conformity with the requirements of the legal techniques and modern economic realities. The special attention is paid to the conditions of release from criminal responsibility provided for in second part of Article 761, given their critical assessment. It seems to the author that the legislator, providing special possibility of the exemption from criminal liability in cases of crimes in the sphere of economic activity had departed from the constitutional principle of equality of citizens before the law and court, having allowed thereby an inequality between the persons who have committed a crime.

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

scholarly journals Simple disposition of an article in a special part of the Criminal law (on the example of kidnapping)

2021 ◽  
Vol 16 (1) ◽  
pp. 49-58
Author(s):  
D. V. Golenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Starting Point ◽  
Special Part ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law

Justification of the study. the creation of a criminal law is a laborious and important process. When constructing articles of the criminal code, the legislator used various techniques and methods of presenting legislative material. One of the types of dispositions of an article is a simple disposition. Its application by the legislator raises questions among practitioners when qualifying crimes, and gives rise to discussions in the theory of criminal law. Methods. The methodological basis of the research was formed by general scientific and special methods of cognition: analysis, induction, systemic, comparative legal, formal legal methods and others. Results. The authors analysis of the simple disposition of the article, which provides for criminal liability for kidnapping, is carried out. The problems arising in the process of designing and applying Article 126 of the Criminal Code of the Russian Federation are investigated. As a starting point, the explanations contained in the acts of the highest judicial bodies, judicial statistics were taken. The ways of improving the norms on criminal liability for kidnapping, proposed in the theory of criminal law, have been studied. Recommendations for the legislator and law enforcement officers have been formed. Conclusion. A simple disposition should be applied in exceptional cases when describing crimes of small and medium severity. The signs of a crime described in a simple disposition should be clear to the law enforcement officer due to the established uniform practice of applying the law. The lack of a unified understanding of the signs of a crime that are not described in a simple disposition leads in practice to legal uncertainty. Explaining the application of articles from a simple disposition leads, in fact, to the construction of corpus delicti by the judiciary. However, the design of the corpus delicti is the prerogative of the legislator. Article 126 of the Criminal Code of the Russian Federation does not meet the criterion of clarity and gives rise to a different understanding in practice of the signs of the objective and subjective aspects of the composition of the abduction of a person. The solution to the emerging problems is to change the simple disposition of Article 126 to a descriptive disposition, including an indication of the signs of the objective and subjective side of the crime. The scientific novelty of the research lies in the fact that the simple disposition of the article for the first-time acts as an independent object of research and analysis on the example of the disposition of Article 126 of the Criminal Code of the Russian Federation. The authors approach to assessing the applicability of a simple disposition, positive and negative trends in its application by the legislator and the judiciary is proposed.Key words: Simple disposition of an article in a special part of the Criminal law (on the example of kidnapping) Abstract: Justification of the study. the creation of a criminal law is a laborious and important process. When constructing articles of the criminal code, the legislator used various techniques and methods of presenting legislative material. One of the types of dispositions of an article is a simple disposition. Its application by the legislator raises questions among practitioners when qualifying crimes, and gives rise to discussions in the theory of criminal law. Methods. The methodological basis of the research was formed by general scientific and special methods of cognition: analysis, induction, systemic, comparative legal, formal legal methods and others. Results. The authors analysis of the simple disposition of the article, which provides for criminal liability for kidnapping, is carried out. The problems arising in the process of designing and applying Article 126 of the Criminal Code of the Russian Federation are investigated. As a starting point, the explanations contained in the acts of the highest judicial bodies, judicial statistics were taken. The ways of improving the norms on criminal liability for kidnapping, proposed in the theory of criminal law, have been studied. Recommendations for the legislator and law enforcement officers have been formed. Conclusion. A simple disposition should be applied in exceptional cases when describing crimes of small and medium severity. The signs of a crime described in a simple disposition should be clear to the law enforcement officer due to the established uniform practice of applying the law. The lack of a unified understanding of the signs of a crime that are not described in a simple disposition leads in practice to legal uncertainty. Explaining the application of articles from a simple disposition leads, in fact, to the construction of corpus delicti by the judiciary. However, the design of the corpus delicti is the prerogative of the legislator. Article 126 of the Criminal Code of the Russian Federation does not meet the criterion of clarity and gives rise to a different understanding in practice of the signs of the objective and subjective aspects of the composition of the abduction of a person. The solution to the emerging problems is to change the simple disposition of Article 126 to a descriptive disposition, including an indication of the signs of the objective and subjective side of the crime. The scientific novelty of the research lies in the fact that the simple disposition of the article for the first-time acts as an independent object of research and analysis on the example of the disposition of Article 126 of the Criminal Code of the Russian Federation. The authors approach to assessing the applicability of a simple disposition, positive and negative trends in its application by the legislator and the judiciary is proposed.

scholarly journals Criminal liability for abuse in procurement for state and municipal needs

2020 ◽  
pp. 171-179
Author(s):  
Vasily Dolinko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Public Procurement ◽  
Dominant Role ◽  
Criminal Liability ◽  
Legal Framework ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Russian Federation

The article deals with the issues of criminal liability for abuses in the sphere of procurement for state and municipal needs of the Russian Federation. The state and its law enforcement agencies reliably protect the budget sphere of Russia and its economic sovereignty, effectively protecting our state from the destructive impact of external and internal threats and factors, from dangers and various kinds of negative challenges and risks in the field of economic security of the Russian Federation. The relevance of this article lies in the fact that it indicates that this direction is in the modern mainstream of the world trends in the development of criminal law impact on modern crime in the sphere of ensuring the security of the country’s budget sector, the dominant role in which is played by the state authorities of Russia and institutions of modern Russian civil society, which is very relevant at this time. The originality of the material consists in the fact that at the present time in Russia there is a comprehensive and well-developed theoretical base for the effective formation of a system of criminal legal measures to ensure counteraction to abuses in public procurement, which is legally fixed by the modern legal framework. Among the state bodies, the subjects whose activities are aimed at effectively ensuring the security of the budget sphere of the Russian Federation and its economic entities have been identified. The conclusion of the article is that based on a generalized analysis of the legal framework of the Russian Federation, existing theoretical views and suggestions and comments made by the author, the author proposes a conceptually new approach to the definition of criminal law measures to ensure the security of the budget sphere of the Russian Federation in countering crime in the field of public procurement, the essence of which (in a generalized form) is reflected in the provisions of this article.

scholarly journals The Image of Law Enforcement Agencies: Current Status and Practices to Improve It

2021 ◽  
Author(s):  
Konstantin V. Mordvinov ◽  
◽  
Uliana A. Udavikhina ◽  
Keyword(s):  
Social Networks ◽  
Law Enforcement ◽  
Russian Federation ◽  
The State ◽  
Current Status ◽  
Public Security ◽  
Law Enforcement Agencies ◽  
Current State ◽  
The Russian Federation ◽  
The Law

In the current context of heightened economic and socio-political conflicts around the world, there is a crisis of confidence in the state institutions that provide public security. The authors of the article consider the problem of forming the image of law enforcement agencies in the Russian Federation and abroad as a way to increase confidence in the state system. An analysis of the current state of the Russian law enforcement system’s image is presented as well as the analysis of some reasons for the negative attitude of the population towards employees of penitentiary institutions and the role of mass media in shaping the image of law enforcement agencies. The analysis of the current state of the law enforcement system’s image is supplemented by a review of the results of studies of the reputation of law enforcement bodies in the US and European countries. Successful domestic and foreign practices of reputation enhancement and improvement of interaction with the population are analyzed, such as: informing on the activity and employees of law enforcement agencies in social networks, interaction with the population through specialized electronic portals and social networks, popularization of thematic books, films and TV series etc. The authors of the article proposed a set of measures to form a positive image of the law enforcement system, increase public confidence in the law enforcement agencies of the Russian Federation in the framework of the Center for Public Security and Law Enforcement Research at the North-West Institute of Management of the RANEPA.

Problems of criminal liability for illegal crossing of the State border of the Russian Federation and their solutions

2019 ◽  
Vol 13 (1) ◽  
pp. 90-96
Author(s):  
T. N. Utorova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Current Situation ◽  
The State ◽  
The Subject ◽  
The Russian Federation ◽  
Forced Migrants ◽  
Criminal Penalties

The article analyzes the signs of a crime provided for by Art. 322 of the Criminal Code «Illegal crossing of the State border of the Russian Federation.» The subject of the research is the problems of criminal law protection of the state border. The author has uncovered the issues of qualifying actions to cross the border outside checkpoints, justifies the need to criminalize such actions. The evaluation of punishment differentiation with the use of qualifying signs is given. A proposal was made to unify the use of homogeneous qualifying circumstances — signs of qualified and specially qualified elements of crimes, such as “a group of persons by prior agreement is an organized group”; «with the use of violence not dangerous to life and health or with the threat of violence - with the use of violence dangerous to life and health.» The necessity of expanding the circle of persons who are not subject to criminal liability is substantiated by pointing out in the footnote to article 322 of the Criminal Code of the Russian Federation on persons applying for any asylum and forced migrants. It was proposed to supplement the list of criminal penalties with expulsion applicable only to foreign citizens and stateless persons. As a result the author concludes that the order of management in the area of crossing the state border is not sufficiently protected and that the requirements for differentiating responsibility are not complied with. There are offered options to overcome the current situation.

scholarly journals The Basis of Criminal Responsibility

Lex Russica ◽  
2019 ◽  
pp. 97-107
Author(s):  
E. V. Blagov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Actual Content ◽  
The Russian Federation ◽  
The Law

Despite the importance for criminal law, the basis of criminal liability remains quite controversial in the criminal law science. At the same time, it has been studied in numerous sources. However, instead of analyzing criminal law, many authors consider it their duty to first share their own ideas about the basis of criminal responsibility, regardless of the actual content of the law.This article is structured differently. It attempts to understand what the norm-maker himself meant when formulating the provisions of art. 8 of the Criminal Code of the Russian Federation. The author finds it necessary to identify and analyze the features introduced by him as the basis of criminal responsibility. At the same time, the views on the basis of criminal responsibility existing in the theory of criminal law are critically examined, the failure of both this basis and the wording of art. 8 of the Criminal Code of the Russian Federation is recognized. The author expresses agreement with the logic of the introduction of a two-pronged basis of criminal responsibility provided by legislators. Based on the study the author proposes and justifies a new solution that better meets the urgent needs of the practice of criminal law implementation.

scholarly journals Organizational and legal aspects of activities in the field of agrobiology in Ukraine: improvement of the situation and problems of legal regulation

2020 ◽  
pp. 10-15
Author(s):  
Ivan VINNYK
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Armed Forces ◽  
Initial Step ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Martial Law ◽  
The Russian Federation ◽  
The Law ◽  
Take All

Introduction. The article is devoted to question of legal regulation of activities for repulse to armed aggression against Ukraine. In general the study was carried out through the prism of the armed aggression of Russian Federation, which began on February 20, 2014 in Ukraine and continues to this day. The study of the raised question was based on the Constitution of Ukraine, the Law of Ukraine "On Defense of Ukraine" and other regulations that determine the grounds, the procedure for repel the armed aggression, and which concern the competence of the authorized subjects in the specified sphere. The position on the presence of a number of shortcomings in the legislation that regulates question of repel the armed aggression against Ukraine is expressed. The purpose of the paper is to study the evolution of Ukrainian legislation, which served as a tool to repel the armed aggression of the Russian Federation, to carry out the analysis of key regulations that regulate the repulse the armed aggression against Ukraine, and based on the analysis to identify the main shortcomings of this legal regulation, which, in turn, may negatively affect the effective repulse the armed aggression against Ukraine. Results. It is determined that at the initial step of the armed aggression of the Russian Federation the President of Ukraine did not take all the necessary actions, which arised from his duties, and, in particular, related to its effective repulse. The main reasons that served such inaction are identified. The main shortcomings of the legal regulation of the fight against armed aggression are singled out, concerning the procedure for the President to make decision on mobilization, imposition of martial law, use of the Armed Forces of Ukraine, other military formations, declaration of war, and approval by the Verkhovna Rada. Conclusion. The position is expressed on the need to improve the legal mechanisms for making decisions on general or partial mobilization, the imposition of martial law in Ukraine or its localities, the use of the Armed Forces of Ukraine, other military formations formed according to laws of Ukraine, and on declaration of war in case of armed aggression against Ukraine or the threat of attack on Ukraine, including the establishment of a special (abbreviated) procedure for the removal of the President of Ukraine from office, in case of his inaction to repel troops aggression, as well as the establishment of criminal liability for these actions.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

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