scholarly journals CRIMINAL AND LEGAL PROTECTION OF PRIVATE LIFE

2019 ◽  
Vol 29 (4) ◽  
pp. 538-544
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Criminal Code ◽  
Private Life ◽  
Telecommunication Networks ◽  
Public Speech ◽  
Family Secret ◽  
The Russian Federation ◽  
Objective Side ◽  
A Minor

The article deals with the issues of qualifying a crime under Article 137 of the Criminal Code of the Russian Federation "Violation of the privacy of a person." Particular attention is paid to the problem of defining the concepts of “private life of a person”, “personal secret”, “family secret” as subjects of criminal law protection. The objective and subjective signs of the composition of the violation of the privacy of persons are analyzed, as well as the issues of excluding individuals from the list of subjects for a given offense. The author proposes to make changes to Article 137 of the Criminal Code of the Russian Federation concerning the subject of the crime and the classification of a number of signs of the objective side as qualified. Signs of a crime under part 3 of Article 137 of the Criminal Code of the Russian Federation are analyzed in sufficient detail: responsibility for illegal dissemination in a public speech, publicly demonstrated work, media or information and telecommunication networks of information indicating the identity of a minor victim who has not reached the age of sixteen years old in a criminal case or information containing a description of physical or moral suffering received by him in connection with a crime, entailing harm to the health of a minor, or a mental disorder of a minor, or other serious consequences.

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 THE QUESTION OF CRIMINAL LEGAL PROTECTION OF PRIVATE LIFE

2021 ◽  
pp. 118-125
Author(s):  
Татьяна Геннадьевна Лепина
Keyword(s):  
Information Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Private Life ◽  
Judicial Practice ◽  
Methods And Techniques ◽  
The Russian Federation

В статье рассматриваются особенности совершения преступлений, посягающих на неприкосновенность частной жизни. Приводятся примеры судебной практики, демонстрирующие разнообразие способов и приемов, используемых лицами, нарушающими соответствующий уголовно-правовой запрет. Анализируются цели и мотивы совершения рассматриваемых преступлений, от которых находятся в зависимости характер и степень общественной опасности деяния. Наибольшей масштабностью отличаются посягательства на неприкосновенность частной жизни, совершаемые крупными компаниями. Информационная безопасность является неотъемлемой частью общей безопасности человека. Думается, существует необходимость введения различных мер, направленных на ограничение распространения «экономики наблюдения». Для противодействия совершению соответствующих деяний следует использовать уголовно-правовые средства. Одним из вариантов решения данной проблемы может стать дополнение ст. 137, 138 квалифицированными составами, предусматривающими уголовную ответственность для сотрудников юридических лиц, собирающих личные данные людей в коммерческих целях. Помимо этого, может потребоваться введение новой статьи в гл. 26 УК РФ. Другим путем решения рассматриваемой проблемы могло бы стать создание в российском уголовном законе отдельного раздела (или главы), объектом которого стала бы информационная безопасность. The article examines the features of the commission of crimes that infringe on the inviolability of private life. Examples of judicial practice are given, demonstrating the variety of methods and techniques used by persons who violate the relevant criminal law prohibition. The goals and motives of committing the crimes under consideration are analyzed. The nature and degree of their social danger are determined depending on these signs of a socially dangerous act. The most widespread attacks on privacy by large companies. It seems that there is a need to introduce various measures aimed at limiting the spread of the «surveillance economy». Information security is an integral part of overall human security. Criminal legal means should be used to prevent the commission of the relevant acts. One of the options for solving this problem may be the addition of articles 137, 138 with qualified compositions providing for criminal liability for employees of legal entities. In addition, it may be necessary to introduce a new article into Chapter 26 of the Criminal Code of the Russian Federation. Another way of solving the problem under consideration could be the creation of a separate section (or chapter) in the Russian criminal law, the object of which would be information security.

scholarly journals Appeals and inducements as characteristics of crimes influenced by media and information and telecommunication networks

2020 ◽  
Vol 2020 (1) ◽  
pp. 91-98
Author(s):  
Andrey Antipov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Competition Rules ◽  
The Media ◽  
The Russian Federation ◽  
The One ◽  
Objective Side ◽  
High Level

The urgency of the problems of combating crime committed through the media and telecommunication networks has reached a high level. The present paper gives a detail analysis of the notions of “inducement” and “appeals” made by the Supreme Court of Russia, explanatory dictionaries as well as criminal law scholars. Based on the analysis the author suggests his own definitions of “inducement” and “appeals” in the Criminal law of the Russian Federation. The author solves the problem of qualifying an act in the case of competition rules, on the one hand, providing for participation in the commission of a crime, the objective side of which, among other things, can be performed by declination and appeals and, on the other hand, independent appeals and inducement to commit a crime. Using the example of article 212 of the Criminal Code of the Russian Federation, the author solves the problem of qualification of acts in the case of competition of criminal law norms. A comparison of punishments in the main part of the article and in the part where the act is carried out using the media or information and telecommunications networks is made. There are some articles of the Criminal Code of the Russian Federation in the dispositions of which inducement and appeals do not provide implementation with the use of mass media and telecommunication networks. It is concluded that such norms need to be analyzed to establish more severe penalties for the acts influenced by media and telecommunication networks.

The use of mass media and information and telecommunication networks as an evidence of offences punished for illegal trafficking of items and materials

2020 ◽  
Vol 2020 (4) ◽  
pp. 80-88
Author(s):  
Andrey Antipov
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Illicit Trafficking ◽  
Special Control ◽  
Comprehensive Study

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

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 Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

scholarly journals THE OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE AND PRELIMINARY INVESTIGATION: PROBLEMS OF THE OBJECT AND THE OBJECTIVE SIDE

2018 ◽  
Vol 2 (2) ◽  
pp. 97-105
Author(s):  
Alexandra Vladimirovna Boyarskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
The Russian Federation

The subject. The article is devoted to the investigation of the main direct object and the circle of victims are subjected of harm by criminal acts stipulated by pts. 1, 2 of art. 294 of the Criminal Code of the Russian Federation.The purpose of the paper is to identify does the art. 294 of Criminal Code of the Russian Federation meets the other provisions of criminal procedure legislation.The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.Results and scope of application. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The discrep-ancy lies in terms of the range of participants in criminal proceedings and the functions performed by them, as well as the actual content and correlation of such stages of criminal proceedings as the initiation of criminal proceedings and preliminary investigation. In addi-tion, the current state of art. 294 of the Criminal Code of the Russian Federation does not take into account the ever-widening differentiation of criminal proceedings.The circle of victims listed in pt. 2 of art. 294 of the Criminal Code of the Russian Federation should be supplemented by such participants in the criminal process as a criminal investi-gator, the head of the investigative body, the head of the inquiry department, the head of the body of inquiry. At the same time, the author supports the position that the criminal-legal protection of the said persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.The circle of criminal acts provided for in art. 294 of the Criminal Code of the Russian Fed-eration, should also be specified with an indication of encroachment in the form of kidnapping, destruction or damage to such a crime as materials of criminal, civil and other cases, as well as material evidence.Conclusions. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The author formulates the conclusion that the circle of victims listed in pt. 2 of art. 294 of the Criminal Code should be broadened and joins the position that the criminal-legal protection of these persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.

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