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.

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.

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.

To the issue of legal liability for informational and mental iatrogenesis and their correlation

2019 ◽  
pp. 165-174
Author(s):  
Nikolai Alekseyevich Ognerubov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Civil Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Medical Worker ◽  
The Russian Federation ◽  
Criminal Legislation

We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.

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 ON THE QUESTION OF POSSIBILITY TO INTRODUCE IN RUSSIA A CRIMINAL LIABILITY AND CRIMINAL PUNISHMENTS OF LEGAL ENTITIES (COMPARATIVE ASPECT)

2017 ◽  
pp. 21-25
Author(s):  
Владислав Артемов ◽  
Vladislav Artemov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Current Debate ◽  
Criminal Sanctions ◽  
Russian Scientific ◽  
French Experience ◽  
Comparative Aspect ◽  
The Russian Federation ◽  
Administrative Code ◽  
Legal Entities

The article is devoted to a problem that causes a lot of controversy in a Russian scientific community at present: the possibility and expediency of introducing in Russia the institute of criminal liability of legal persons. The author underlines the problems of this issue. The main arguments of both supporters and opponents of criminal liability of legal persons are presented. Among the main arguments against – the question of personal guilt, which is a major problem and an obstacle to the introduction of this institute, the possibility of tightening the liability of legal persons in other branches of law, etc. Among the main supporting arguments of legal entities’ the criminal liability, referred to in this article, there are international obligations of the Russian Federation, greater efficiency of criminal sanctions, criminal record of legal persons, judicial optimization and others. Attention is also paid to the fact that since 2002 in the Russian Federation there has already existed administrative liability of legal persons, which was one of the major novelties of the Administrative Code, 2002. Russian administrative scholars have formulated the theoretical and practical bases of administrative liability of legal persons that can be used and the introduction of criminal liability of legal persons. In addition, attention is paid to the current debate in Russia on the possible introduction of the category of criminal offence and the possible merging of criminal liability and administrative liability in one single form of legal liability. In this connection it may be interesting to refer to the French experience, where are three categories of offences: crime, délit and contravention. At the end of the article the author points out the objective difficulties of the possible introduction into the domestic legal system the institute of legal persons’ criminal liability, which is caused by a number of reasons, first of all by the established principles of domestic criminal law doctrine.

scholarly journals On the issue of introduction of criminal responsibility of juridical persons for corruption crimes

2014 ◽  
Vol 12 ◽  
pp. 43-47
Author(s):  
Aleksandr Vyacheslavovich Fedorov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Policy Development ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Entity ◽  
International Obligations ◽  
The Russian Federation ◽  
Legal Entities

The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.

scholarly journals Issues of Regulation and Application of the Criminal Law Norm providing for Responsibility for Occupying the Highest Position in the Criminal Hierarchy (Article 210.1 of the Criminal Code of the Russian Federation)

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 159-170
Author(s):  
I. V. Pantyukhina ◽  
L. Yu. Larina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Federal Law ◽  
General Part ◽  
The Russian Federation ◽  
Traditional Understanding

The paper is devoted to a detailed analysis of article 210.1 "Occupation of the highest position in the criminal hierarchy", which was introduced in the Criminal Code of the Russian Federation by Federal law No. 46-FZ of 01.04.2019. The authors considered the construction of this norm from the point of view of the elements of the crime and the coordination of these features with the provisions of the General part of the Criminal Code of the Russian Federation. As a result of a systematic study of the norms of the Russian criminal law, comparison with foreign experience (Georgia), and analysis of law enforcement practice, the discrepancy between the new criminal law norm and the provisions of certain institutions of criminal law was revealed. In particular, the content of article 210.1 contradicts certain principles of the criminal law (articles 6, 7 of the Criminal Code), the basis of criminal liability (article 8 of the Criminal Code), the norms of the Institute of preparation for a crime (part 1 of article 30 of the Criminal Code), as well as the goals of criminal punishment (part 2 of article 43 of the Criminal Code). To eliminate the identified shortcomings, the authors propose to include in the disposition of article 210.1 of the Criminal Code of the Russian Federation an act in the form of using the highest position in the criminal hierarchy. The proposed changes (including an act in the form of "use of the position») make it possible to prosecute persons both permanently and temporarily performing the functions of such persons, to leave outside the scope of its application persons who fully walked away from crime and not in any way affect criminal damage. They will allow you to bring the rule into compliance with the traditional understanding of the offense and those provisions of the General part of the Criminal Code, in which the regulated norms in the current edition are not made consistent.

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