scholarly journals The prohibition of driving a vehicle for committing a crime as a means of ensuring transport security

2021 ◽  
Vol 26 (4) ◽  
pp. 216-221
Author(s):  
Lyubov’ Yu. Larina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
The Russian Federation ◽  
The Right ◽  
Vehicle Management

The article deals with the penalty of deprivation of the right to engage in vehicle management activities as a means of ensuring transport security. This penalty is often imposed for crimes committed while driving vehicles. At the same time, judicial practice in relation to various articles of the special part of the criminal code of the Russian Federation develops in different ways. The author analyses sentences and other judicial acts in criminal cases on crimes committed while driving vehicles. Based on the generalisation of theoretical material and judicial practice on the problem under consideration, the author formulated proposals for changing the current legislation and recommendations for law enforcement. The article substantiates the need for mandatory discussion by the court of the possibility of imposing a penalty in the form of deprivation of the right to engage in activities for driving vehicles in all cases of committing a crime while driving.

scholarly journals Legislator’s error: types, reasons, ways of correction

2019 ◽  
pp. 95-103 ◽  
Author(s):  
A. I. Rarog
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Political System ◽  
Criminal Code ◽  
Structural Elements ◽  
Criminal Cases ◽  
Special Part ◽  
General Part ◽  
The Russian Federation ◽  
Made In

The paper raises the question of the inevitability not only of judicial (in specific criminal cases) errors, but also of law enforcement errors (the practice of incorrect application of the criminal law established spontaneously or at the direction of higher judicial authorities), as well as legislative errors of political, system or technical nature. Considering the specific law-making mistakes made in the norms of the General Part and in each of the structural elements of many of the norms of the Special Part of the Criminal Code of the Russian Federation, the author notes the appreciable work of the legislator to eliminate errors with satisfaction. At the same time, the paper provides specific examples of errors that are repeatedly noted in the special literature, still yet to be corrected, and suggests ways to correct them, in particular, amending the Regulations of the State Duma of the Federal Assembly of the Russian Federation regarding the procedure for discussing bills.

Reasons to escape from a place of detention by convicts with the right of movement without convoy

2021 ◽  
pp. 525-526
Author(s):  
Nikita V. Cheremin
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Criminal Cases ◽  
Official Statistics ◽  
The Russian Federation ◽  
Large Material ◽  
The Right ◽  
Criminological Analysis

Dedicated to a topical topic for the penitentiary system of the Russian Federation (hereinafter referred to as the PS of the Russian Federation) – increasing the level of security, which is considered in the framework of a criminological analysis of the reasons for escaping from places of detention by a particularly considered category of convicts who are granted the right to travel without an convoy or escort. The commission of such a crime as es-cape not only disorganizes the activities of institutions executing punishment in the form of imprisonment, but also endangers public safety. The actions of the penitentiary system to organize a special operation to search for and arrest escaped criminals requires large material and physical costs. All this speaks of the relevance of the study, which can help in organizing preventive measures to prevent escapes. The purpose of the study was achieved by analyzing the criminal and penal legislation of the Russian Federation, analyzing official statistics, questioning and interviewing the heads of correctional institutions of the PS of the Russian Federation, as well as the special contingent; analysis of some decisions in criminal cases related to Article 313 of the Criminal Code of the Russian Federation for the period 2010–2020. As a result of the study, the characteristic reasons (objective and subjective) of the escapes of the investigated group of convicts were revealed, features are identified, which will allow in the future to organize preventive measures aimed at preventing and preventing escapes among convicts, who were allowed by the administration of the institution to have the right to leave the correctional institutions in order to economic service.

SYSTEM OF THE GENERAL PART OF THE CRIMINAL CODEOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 62-70
Author(s):  
E. V. Shchelkonogova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Systematic Approach ◽  
Criminal Code ◽  
Point Of View ◽  
Historical Aspect ◽  
Meaningful Relationship ◽  
Special Part ◽  
General Part ◽  
The Russian Federation

The article examines the General part of the Criminal Code. It is considered from the point of view of a systematic approach, questions are raised about the meaningful relationship between the norms of the General Part and the Special Part of the Criminal Code of the Russian Federation. The historical aspect of the formation of the current structure of the Code is given, and the question of whether the General and Special parts of the Criminal Code of the Russian Federation are identical parts or not. The sections of the General Part are analyzed in order to identify their functional load and significance for law enforcement.

Prosecutor in the Court of Cassation in Criminal Cases

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Лев Бертовский ◽  
Lyev Byertovskiy ◽  
Дина Гехова ◽  
Dina Gekhova
Keyword(s):  
Russian Federation ◽  
Public Prosecutor ◽  
Federal Law ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Procedure Code ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.

Individualization of Punishment Taking into Account the Nature and Degree of Public Danger

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Вячеслав Воронин ◽  
Vyacheslav Voronin
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Legal Practice ◽  
The Public ◽  
Judicial Practice ◽  
Common Criteria ◽  
The Supreme Court ◽  
Special Part ◽  
The Russian Federation ◽  
The Common

Part 3 of article 60 of the Criminal Code of the Russian Federation refers to the common criteria of individualization of punishment the nature and degree of public danger of committed crime in each criminal case. The purpose of this article is to analyze the legal practice of this provision, as well as the construction of clarification on the issue of taking into consideration the public danger, which will be useful for the judiciary. For this purpose the author supposes to solve following problems: analysis of dogmatic ideas about the nature and degree of public danger; search for factors that courts consider in determining public danger in judicial practice; analysis of the survey data of judges from different regions of the country. As a result the author concludes that the nature of public danger depends on the object of the offense and cannot influence on individualization of punishment, because it was considered by the legislator when constructing the corresponding article of the Special Part and therefore should be excluded from Part 3 of art. 60 of the Criminal Code of the Russian Federation. Degree of public danger when individualizing is determined subject to the objective and subjective elements of a crime. The author proposed to make recommendations on considering into account degree of public danger in the judgment 22.12.2015 No. 58 adopted by the Plenum of the Supreme Court of the Russian Federation “On practice of criminal sentencing by courts of the Russian Federation”.

scholarly journals Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

2019 ◽  
Vol 13 (4) ◽  
pp. 651-660
Author(s):  
Natalya Artebyakina ◽  
Tatyana Makarova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Local Governance ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
False Information ◽  
Justices Of The Peace ◽  
The Russian Federation

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

scholarly journals ON CERTAIN PROBLEMS OF CONFERMENT OF THE TITLE «LABOR VETERAN»: ANALYSIS OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2020 ◽  
Vol 6 (4) ◽  
pp. 38-42
Author(s):  
A. A. Elaev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Labor Relations ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Long Time ◽  
The Russian Federation ◽  
The Right

The right to free work and choice of activity is enshrined in the Constitution of the Russian Federation. At the same time, ensuring and protecting the labor rights of citizens is one of the main categories of the rule of law. The legislation of the Russian Federation regulating labor relations is aimed at encouraging a conscientious attitude to work for a long time, and one of these types of encouragement is the title Veteran of labor. However, in practice, quite often there are certain difficulties that arise due to departmental and regional rulemaking. The article attempts to analyze the current situation based on judicial practice.

scholarly journals FALSIFICATION OF ELECTION DOCUMENTS

2018 ◽  
Vol 22 (3) ◽  
pp. 165-171
Author(s):  
A. A. Degterev
Keyword(s):  
Russian Federation ◽  
General Structure ◽  
Basic Structure ◽  
Criminal Code ◽  
Criminal Cases ◽  
Classification Feature ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
Election Commission

The article is devoted to the analysis of the basic structure of the crime provided for in Art. 142 of the Criminal Code of the Russian Federation, which are considered debatable. This crime, in the general structure of crimes against electoral rights is about 65%. This circumstance, according to the author, indicates the social conditionality of the criminal-legal prohibition, the public danger of an act that grossly violates the conditions of the legitimacy of state power. In law enforcement practice, criminal cases are practically not initiated, which is due to a number of circumstances, including the legal uncertainty of a number of signs of the crime. The article deals with the essence of impeding the citizen's free exercise of his electoral rights and the right to participate in a referendum, violating the secrecy of voting, as well as obstructing the work of election commissions, referendum commissions or the activities of members of these commissions related to his performance of duties by falsifying election documents. As a classification feature, the author indicates the addressee of the relevant document: the voter; candidate; initiative group for holding a referendum; member of the commission with a casting vote; precinct election commission. The article provides the concept of what is referred to mandatory documents that are drawn up by the precinct election commission when carrying out actions with ballot papers. These include: an act on the receipt of ballots from a higher commission indicating their number; Act on the repayment of spoiled ballots (in the presence of such facts); an act on the conduct of voting outside the relevant premises; Act on the invalidation of ballots that were in a mobile box for voting. At the same time, the author points out that this classification has not lost its significance even at the present time. The author suggests the notion of an election document to be fixed in a note to art. 142 of the Criminal Code. The article reveals the characteristics of the main elements of the crime provided for in Art. 142 of the Criminal Code of the Russian Federation and compared with other views of Russian scientists.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals QUALIFICATION OF VIOLENCE IN CRIMES AGAINST JUSTICE COMMITTED AGAINST LAW ENFORCEMENT OFFICIALS DURING PRE-TRIAL PROCEEDINGS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 197-204
Author(s):  
I. I. Golubov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Criminal Violence ◽  
Additional Qualification ◽  
Special Part ◽  
Law Enforcement Officials ◽  
Violent Acts ◽  
The Russian Federation ◽  
Sole Criterion

The article defines the list of norms of Chapter 31 of the Special part of the criminal code of the Russian Federation, which establish responsibility for crimes against justice committed with the use of violence against law enforcement officials during pre-trial proceedings in a criminal case. Considered contained in article 296 and 313 of the criminal code the criminal code, the types of violence dangerous to life or health, and not dangerous to life or health; short brief legal description; the proposed main ways of solving the need for additional qualification of crimes under part 3 and 4 of article 296, part 3 of article 313 of the criminal code in conjunction with the norms of Chapter 16 of the criminal code. It is proved that the qualification of violent acts in the considered group of crimes is subject to the General requirements for the legal assessment of criminal violence, in particular, the rules for comparing the severity of sanctions of a special norm and the norms of Chapter 16 of the criminal code of the Russian Federation. It is also proved that the sole criterion of the severity of sanctions in the classification of the specified group of crimes is not an additional qualification is required and in cases when established in the articles of this Chapter aggravating circumstances not covered by the provisions of the standards, which establishes liability for the offence under the special rule, where violence is a way of committing it.

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