INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

scholarly journals Criminal infraction as a mean of differentiating criminal responsibility and punishment

2021 ◽  
Vol 2 (12) ◽  
pp. 62-67
Author(s):  
E. A. BABAYANTS ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

scholarly journals ISSUES OF THE IMPROVEMENT OF ARTICLE 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: INTERNATIONAL PROVISIONS AND THE RUSSIAN EXPERIENCE

2021 ◽  
Vol 1 ◽  
pp. 23-26
Author(s):  
Oleg N. Dyadkin ◽  
◽  
Mikayyl N. Akhmedov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Historical Analysis ◽  
Criminal Code ◽  
Criminal Offense ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a brief historical analysis of the consolidation of criminal liability for the use of torture as a means of committing a criminal offense, offers options for amending the criminal legislation of the Russian Federation to improve the regulation of liability for the use of torture.

scholarly journals Suppression of Crimes Against the Security of Fixed Platforms Located in the Waters of the Russian Federation (International Law Basis)

2020 ◽  
Vol 14 (2) ◽  
pp. 313-326
Author(s):  
Alexander Vylegzhanin ◽  
Sergey Lobanov ◽  
Alexandra Skuratova
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Russian Federation ◽  
Water Body ◽  
Criminal Code ◽  
The State ◽  
Criminal Jurisdiction ◽  
The Russian Federation ◽  
Business Entities ◽  
Criminal Legislation

The Russian state exercises sovereignty over its waters and has exclusive criminal jurisdiction with respect to crimes infringing on the security of oil, research or other stationary platforms in these waters, although their status may differ, for example, Lake Baikal; part of a continental water body (the Caspian Sea); marine internal waters (the Peter the Great Gulf); the territorial sea of the Russian Federation. Despite certain differences in status, all these waters are united by being part of the Russian territory. They differ from the waters that are not part of the territory of the state, but are above the continental shelf of the Russian Federation; these are the waters of the exclusive economic zone of the Russian Federation, and the open sea waters start beyond the 200-mile distance from the baseline. Even in the latter case, since a platform is stationary on the continental shelf of the Russian Federation, it is within the exclusive criminal jurisdiction of the Russian Federation. Counteraction to crimes infringing of the security of platforms fixed to the seabed includes a wide range of legal and organizational-legal measures. Besides, an important part is played by the special norms of international and national laws, including the criminal legislation of the state that has jurisdiction over the water body where a fixed platform is located. This article presents suggestions on improving Russian criminal legislation taking into account Russia's participation in the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 1988, other applicable norms of international law, the necessity to observe international law obligations and protect the national interests of the country. The authors suggest that unlawful acts of seizing a fixed platform or other violent actions infringing on the security of this object, the security of personnel operating it, aimed at forcing a state or an organization which is legally operating this object to perform or abstain form certain actions, and resulting in the intimidation of the population should be specifically included in the national criminal law as a separate type of terrorism crimes. The authors also recommend to add the norms on criminal liability for other unlawful, criminally punishable acts (which are not acts of terrorism and do not have the features of terrorism), including the attempts of illegal entry into a fixed platform or hindering its operation, to Chapter 24 of the Criminal Code of the Russian Federation «Crimes against Public Safety» as a separate Article of the Criminal Code of the Russian Federation among the norms regarding crimes that violate the security of the functioning of potentially dangerous objects (potentially dangerous operations). They recommend to use the most successful international legal experience to improve corporate acts within the framework of Russian legislation through the content specification of the scope and type of rights and obligations of business entities, including the relationships of the fixed platforms personnel with the law enforcement bodies with the purpose of a more effective inclusion of business entities in the system of measures of preventing and suppressing illegal interference in the functioning of fixed platforms in the Russian waters.

scholarly journals The Use of Information and Telecommunication Networks in Committing Extortion

2021 ◽  
Vol 16 (2) ◽  
pp. 140-145
Author(s):  
O. D. Alekseevich
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Rapid Development ◽  
Legal Protection ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
The Internet ◽  
Property Relations ◽  
Other Information ◽  
The Russian Federation

The paper analyzes various types of threats in the commission of a crime under Article 163 of the Criminal Code of the Russian Federation, using information and telecommunication networks (ITS), including the Internet. The problematic issues in classification of the acts under consideration, caused by the lack of criminal law protection of property relations in case of encroachments using ITS, are identified. The increased public danger of the threat of using information and telecommunication networks, including the Internet, when disseminating information that dishonors the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives is substantiated. It is concluded that it is necessary to supplement the Criminal Code of the Russian Federation with new norms aimed at eliminating the gap in the criminal legal protection of property relations in case of encroachments in a way, the danger of which is due to the rapid development of information technologies.

scholarly journals ON PRESSING ISSUES OF CRIMINAL LEGAL PROTECTION OF CREDITORS AT THE STAGE OF EXECUTION OF JUDICIAL ACTS ON THE COLLECTION OF ACCOUNTS PAYABLE

2021 ◽  
pp. 22-28
Author(s):  
K.Y. Sasykin
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Judicial Practice ◽  
Procedure Code ◽  
Accounts Payable ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

In the article, the author examines the problem of criminal legal protection of creditors’ rights fromcrimes associated with malicious evasion by debtors from paying off accounts payable, for the commissionof which liability is provided under Article 177 of the Criminal Code of the Russian Federation. The author emphasizes that the norm of the article was introduced in 1996 together with the adoptionof the code and the disposition did not undergo changes over the next twenty-five years, remaininginsufficiently regulated. It is indicated with reference to judicial practice on the problem of the objective sideof the corpus delicti of this crime, which contains ambiguous evaluative signs.The author, based on the analysis of the article of the considered norm and a number of doctrinal pointsof view, concluded that the norm is subject to change with the “removal” of the controversial terminologyfrom the disposition. The author proposes a revision of the norm and, as an example, provides a similarprovision on liability from the criminal legislation of the Republic of Belarus.Also, based on the analysis of articles 144–145 of the Criminal Procedure Code of the Russian Federationand taking into account the practice and doctrinal points of view, attention is focused on the need, in additionto substantive changes, changes and procedural norms of domestic legislation, namely, on the need totransform the stage existing in the Criminal Procedure Code of the Russian Federation initiation of a criminalcase as hindering the timely detection and investigation of this type of crime.

scholarly journals CRIMINAL MISUSE: SOME DISCUSSION ISSUES

2021 ◽  
Vol 31 (2) ◽  
pp. 291-297
Author(s):  
G.A. Reshetnikova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Criminal Offense ◽  
Conceptual Changes ◽  
Legal Nature ◽  
Legal Consequence ◽  
The Russian Federation ◽  
Criminal Legislation

At present, the topic of the stated research is relevant because the phenomenon of "criminal offense" can become a novelty of the modern criminal legislation of the Russian Federation. There are objective grounds for this - this is the reintroduction of the draft federal law "On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation in connection with the introduction of the concept of a criminal offense" to the State Duma of the Federal Assembly of the Russian Federation. For this reason, the study was not conditioned by the decision on the expediency (benefit) of introducing this concept into the criminal legislation. The author's attention was focused on the problems of criminal misconduct discussed in the scientific literature and their solution in the proposed bill. The author limited the study to only the most significant questions, first of all about the genus of the criminal offense and some other issues that follow from this and require consideration. The study showed that the authors' predictions that the introduction of a criminal offense (if the bill is adopted) will hardly entail any conceptual changes in criminal legislation are hardly justified. We believe that the coverage of the concept of “criminal offense” will not be so global, at least in this edition, since a criminal offense does not have its own generic differences, being in essence a guilty socially dangerous act prohibited by criminal law. The specific difference, which does not characterize the essence of a criminal offense, but indicates its possible (in view of the relativity of this concept) legal consequence, is the application to the offender of other measures of a criminal-legal nature applied when a person is released from criminal liability.

scholarly journals Security of digital technologies in the criminal legislation of the Russian Federation

2019 ◽  
pp. 161-165
Author(s):  
Tat'yana V. Pinkevich ◽  
Andrey V. Nesterenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Liability ◽  
Digital Technologies ◽  
Criminal Code ◽  
Digital Information ◽  
Digital Environment ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problematic issues related to the security of digital technologies in the Russian Federation, as well as the differentiation of the concepts of "computer", "information" and "digital" technologies. The authors come to the conclusion that computer and information security do not provide adequate protection of the digital environment in Russia, which requires serious study of the criminological risks of the introduction of digital technologies and amendments to a number of regulations, including Chapter 28 of the criminal code, both in terms of its name, and in the introduction of a number of new offences providing for criminal liability for unlawful acts that infringe on public relations in the field of security of digital information, technologies, systems and devices.

scholarly journals Mercy Killing and the Specific Features of Its Subjective Side

2021 ◽  
Vol 15 (1) ◽  
pp. 144-151
Author(s):  
Ilya Ulitin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Human Life ◽  
Legal Protection ◽  
Criminal Code ◽  
Mercy Killing ◽  
Incurable Illness ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Theoretical Considerations

Building a rule-of-law state requires establishing rational priorities for legal protection. Human life and health should undoubtedly hold a center place in the criminal law policy as objects of protection against criminal infringements. Murder is one of such harmful infringements. At the same time, there is sometimes a considerable difference in the degree of public danger of its different varieties. Russian criminal law policy is aimed at a further humanization and harmonization of criminal law, which makes it necessary to examine the regulation of mercy killings. A killing committed out of mercy, at the victim’s request, to relief pain and unbearable suffering caused by a severe incurable illness is not regulated by Russian legislation. This type of killings is currently qualified by Russian law enforcers under Clause «в», Part 2, Art. 105 of the Criminal Code of the Russian Federation. Thus, Russian legislation views this type of killing as a qualified crime which, according to the author, is not quite correct. The article cites international practice that categorizes mercy killing as a privileged type of crime. Besides, some theoretical considerations in the article are illustrated by examples from Russian court practice on this type of killing. The article is based on both Russian and foreign works in the sphere of criminal law. It discusses some disputed aspects of delineating a mercy killing and offences with similar corpus delicti. The author concludes that there is an objective necessity to legally fix the specific offence of mercy killing, and to amend the Criminal Code of the Russian Federation to include this offence. A draft article of the CC of the RF regulating mercy killing is presented. The suggested and substantiated directions of amending Russian criminal legislation could be used in the lawmaking process for the future improvement of criminal legislation of the Russian Federation, and in teaching criminal law disciplines.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

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