scholarly journals Brief analysis of Russian legislation on the activities of criminal groups formed on ethnic grounds

2020 ◽  
Vol 2020 (2) ◽  
pp. 131-136
Author(s):  
Andrey Petrov
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Objective Assessment ◽  
Social Processes ◽  
Leningrad Region ◽  
Legal Analysis ◽  
Subsequent Evolution ◽  
Legal Norms ◽  
Criminal Groups

The article provides a systematic historical and legal analysis of normative legal acts, starting with the first written references dated to the 15th – 16th centuries, as well as the subsequent stages, providing for responsibility for a criminal formation organized on an ethnic basis. The study in retrospect allowed the author to trace the dynamics of the development of the legislative position on the considered legal phenomenon, which was reflected in the adoption of certain legal norms of anti-criminal orientation. The crime indicators in the territory of St. Petersburg and the Leningrad Region for five years are examined, the structure of crimes committed by organized ethnic criminal groups, which has undergone significant changes, is studied. Special attention is paid to the issue of the emergence and subsequent evolution of criminal formations created on an ethnic basis, which occurred under the influence of various social processes. An attempt was made to give an objective assessment of the degree of effectiveness of the criminal law measures aimed at combating organized crime. The author offers to improve the current legislation on combating crime.

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

scholarly journals TRENDS IN THE MODERNIZATION OF THE CRIMINAL LAW RESPONSE TO DRUG CRIME

2019 ◽  
Vol 2 (87) ◽  
pp. 55
Author(s):  
Andrei Dziadkouski
Keyword(s):  
Criminal Law ◽  
Drug Trafficking ◽  
Legal Analysis ◽  
Legal Norms ◽  
Psychotropic Substances ◽  
Drug Crime ◽  
Eurasian Economic Union ◽  
The Subject ◽  
Economic Union ◽  
Illicit Drug Trafficking

The paper deals with the problem of countering the illicit drug trafficking, psychotropic substances, their precursors and analogues in the Eurasian Economic Union countries. The authors, basing on the statistical data analysis, demonstrated an increase in the number of drug addicts; it is shown that drug addiction is a global problem nowadays. The constant   increase of registered criminal acts related to drugs and their cross-border nature make it necessary to develop cooperation in combating the illicit distribution of drugs, harmonizing and unifying legal norms in this area, especially within the framework of the Eurasian Economic Union. A comparative legal analysis of the criminal law governing liability for drug trafficking in the EAEU countries shows the diversity of legislative structures in the key elements of the crimes under consideration. The issues of personal non-medical use liability, the subject of crimes, the criminalization of individual acts related to drug trafficking, should be the subject of discussion on developing a unified approach of criminal law to counter the analyzed crimes in the EAEU countries.

scholarly journals Crime Boss and the Grounds for Liability: Postmodernism in Criminal Law

2019 ◽  
Vol 13 (3) ◽  
pp. 465-476 ◽  
Author(s):  
Vladimir Burlakov ◽  
Vladislav Shchepelkov
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Criminal Activity ◽  
Criminal Code ◽  
Stage Of Development ◽  
Crime Organization ◽  
The World ◽  
The Russian Federation ◽  
National Boundaries ◽  
Criminal Groups

All over the world crime is becoming more and more organized. Globalization has considerably extended the area of criminal activities, it can no longer be contained within the national boundaries of one state. Crime bosses freely travel between countries and may solve the problems of their gangs’ cooperation far from the place where the criminal activity takes place. The gangs today have moved away from typical criminal practices. Business is becoming their key activity as it facilitates the organization of criminal groups not only in the shadow, but also in the legal economy. Thus, the main focus of crime counteraction should be the bosses of organized crime. Based on this position, the authors provide a theoretical basis for the introduction of Art. 210.1 in the Criminal Law of Russia — taking the highest position in the criminal hierarchy. They analyze the legal construction of this offence which, in essence, is inchoate. The authors also assess the grounds for criminalizing the very fact of occupying the highest position in a criminal hierarchy. It is proven that this status of a crime boss emerges at an advanced stage of development of the organized group, so the form of crime organization could act as a criterion for the establishment of such a status. The authors also examine some problems of enforcing Art. 210.1 of the Criminal Code and offer different ways of solving them, namely, the aggregate of Part 4, Art. 210 and Art. 210.1 of the CC, and the and specific features of penalizing offenders persecuted under Art. 210.1 and Part 4, Art. 210 of the CC of the Russian Federation.

scholarly journals The Organization of Hacking Community: Criminological and Criminal Law Aspects

2020 ◽  
Vol 14 (1) ◽  
pp. 96-105
Author(s):  
Ildar Begishev ◽  
Zarina Khisamova ◽  
Sergey Nikitin
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Social Life ◽  
Large Scale ◽  
Digital Technologies ◽  
Business Community ◽  
Daily Lives ◽  
Telecommunications Network ◽  
Fast Pace ◽  
Criminal Groups

Digital technology is an integral part of our daily lives. Regardless of whether we have a computer at home, whether we use the possibilities of obtaining state and municipal services in digital form or simply operate electronic gadgets, society's dependence on technology is increasing. A secure digital environment enhances trust and contributes to the creation of a stable and prosperous nation. Government and the business community are also taking advantage of the technological revolution through greater adoption and use of digital technologies. Traditional forms of crime have also evolved, as criminal associations increasingly use the information and telecommunications network - the Internet - to commit cybercrimes and increase their profits. Digital crime is developing at an incredibly fast pace, and new types of criminal acts are constantly emerging. So we need to keep up with digital technologies, understand the opportunities they create for cybercriminals, and how they can be used as a tool to combat cybercrime. The active use of digital technologies in all spheres of social life in the last three decades formed a background for the emergence of a special type of criminals - the so-called hackers. Criminal groups of hackers pose a public danger because, if they unite, they are capable of planning a large-scale computer attack which could target, among other things, critically important information infrastructure objects. Besides, hacker groups have become a real danger for both governments, large corporations, the military, and for private persons. The trend for blurring the boundaries between hacker groups and organized crime, that the experts predicted a few years ago, has now become a reality. In fact, it is possible to say that a new independent type of organized crime has emerged - the hacking community. These circumstances make it necessary to develop a special norm that provides for the liability for organizing hacking community or participating in it. Such a norm will allow for a complex approach to the criminal law counteraction against such criminal groups by ensuring an adequate criminal law assessment of the actions of the organizers and coordinators of hackers organizations.

scholarly journals Organized Crime under Anglo-Saxon Criminal Law: Features of Legislative Regulation

2020 ◽  
Vol 15 (1) ◽  
pp. 151-160
Author(s):  
S. S. Zhukova
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Common Law ◽  
Criminal Group ◽  
Criminal Code ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Significant Difference ◽  
Legislative Regulation ◽  
Definition Of

The paper is devoted to the comparative legal analysis of the group commission of a crime under Anglo-Saxon criminal law. The commission of a crime in conspiracy has an increased public danger and poses a serious threat to each state and society as a whole. Foreign lawmakers take different approaches to the definition of organized crime, taking into account its heterogeneous nature. The author studies the specificity of the legislative regulation of variations in criminal groupings in common law countries. A comparative analysis of the legislative regulation of organized crime allows us to note the positive experience that can be used to improve domestic criminal law governing forms of conspiracy and law enforcement.The study notes that the criminal law of the Anglo-Saxon legal family is characterized by a low level of systematization of legislation and increased attention to the norms (decisions) expressed in the judicial precedent. At the same time, the existing criminal law standards governing the institution of conspiracy comply with international law. Some common law countries recognize a conspiracy between two or more persons for committing a crime as an organized crime group. It is important to note that this feature is also a characteristic of domestic criminal law. In accordance with Art. 32 of the Criminal Code of the Russian Federation, a conspiracy is the intentional joint participation of two or more persons in the commission of an intentional crime. At the same time, a significant difference between the criminal law of the Anglo-Saxon legal family is the legislative consolidation of the qualitative and quantitative criteria of group formations (criminal association, organized criminal group, gang) depending on the degree of public danger of their crimes.

scholarly journals ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES

2018 ◽  
Vol 2 (2) ◽  
pp. 40-47
Author(s):  
Maxim Viktorovich Bavsun ◽  
Ilya Aleksandrovich Beletskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Norms ◽  
Public Rights ◽  
The Russian Federation

The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment.

scholarly journals historical continuity of criminal law institutions in the russian legislation and reception of legal norms: viewpoints on crime and punishment

2021 ◽  
Vol 7 (2) ◽  
pp. 697-709
Author(s):  
Alexandr Ivanovich Chuchaev ◽  
Yulia Viktorovna Gracheva ◽  
Sergey Vladimirovich Malikov ◽  
Anzhelika Irekovna Alimova
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Norms ◽  
Crime And Punishment ◽  
Old Russian ◽  
Greco Roman ◽  
Historical Continuity ◽  
The Russian Empire ◽  
Civil Laws

This article is concerned with the historical continuity of such criminal law institutions as crime and punishment with due regard to changing views on components of crime and the imposition of penalty. The authors have conducted a comparative-legal analysis of the sources of criminal law in Russia, considered the influence of the Greco-Roman, Byzantine, Germanic law on the Old Russian law and substantiated its originality. The stages of committing a crime and their role in choosing a certain penalty are discussed in the following documents: the Russian Truth, the Council Code of 1649, the Military Articles of 1715, the Code of Civil Laws of the Russian Empire of 1832, the Criminal and Correctional Punishments Code of 1845, the Charter of Punishments Imposed by Magistrates of 1864, the Criminal Code of 1903 and the Criminal Code of the RSFSR of 1926.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals Indigenous People, Organized Crime and Natural Resources: Borders, Incentives and Relations

2021 ◽  
Author(s):  
Daan P. van Uhm ◽  
Ana G. Grigore
Keyword(s):  
Natural Resources ◽  
Indigenous People ◽  
Organized Crime ◽  
Indigenous Communities ◽  
Economic Incentives ◽  
Environmental Harm ◽  
Criminological Perspective ◽  
History Of ◽  
Organized Crime Groups ◽  
Criminal Groups

AbstractThis article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.

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