scholarly journals Constitutional basis of commensuration and proportionality of criminal punishment

2021 ◽  
Vol 2021 (3) ◽  
pp. 73-81
Author(s):  
Ol'ga Guzeeva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Punishment ◽  
Other Hand ◽  
The Russian Federation ◽  
The One ◽  
Law Regulation

In the matter of concretizing the constitutional basis of criminal law regulation, the task of building a system of criminal punishments and the rules for their appointment that is adequate to the constitutional basis is of great importance. In its decisions, the Constitutional Court of the Russian Federation formulated a number of legal positions, which, on the one hand, confirm the already existing criminal law decisions, and on the other hand, act as a fundamental guidance for all subsequent decisions, serve as a criterion for checking the constitutionality of criminal law regulations. Based on the generalization and analysis of the practice of the Constitutional Court of the Russian Federation, the article presents the main requirements, the observance of which is intended to ensure the commensuration and proportionality of criminal punishment as a means of limiting the rights of a person who has committed a crime. Among these requirements, priority is given to: the prohibition of cruel, inhuman and degrading forms of punishment; limiting the punitive treatment on the person who committed the crime, exclusively within the framework of criminal responsibility; differentiation of criminal punishment and the rules for its appointment while observing the principle of legal equality; commensuration and proportionality of the punishment established by law and imposed by the court on the grounds for the application of measures of criminal responsibility; potential and real ability of punishment to ensure the achievement of the goals of criminal law impact.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

“Sovereign Democracy” Discourse in the Russian Foreign Policy

2018 ◽  
pp. 178-200
Author(s):  
Neziha Musaoğlu
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
The Other ◽  
Russian Foreign Policy ◽  
The West ◽  
Policy Practice ◽  
Other Hand ◽  
The Usa ◽  
The Russian Federation ◽  
The One

Many important changes occurred in the Russian Federation's foreign policy since 2000s with Putin's coming to power. Although the foreign policy is defined as pragmatic during this period, it is in fact ideologically constructed on the basis of the concept of “sovereign democracy.” The concept constitutes in the same time the source of loyalty of the Russian reelpolitik towards the West, especially the USA and of the Russian anti-globalist policies. The aim of this chapter is to analyze the intellectual, normative, and conceptual dimensions of the “sovereign democracy” concept that could serve to conceive the foreign policy practice of the Russian Federation, on the one hand, and on the other hand its dialectical relationships with the West in the era of globalization.

WAYS OF IMPLEMENTING THE PRIORITY OF TRANSPORT POLICY ON THE EXAMPLE OF SEA PORTS OF THE RUSSIAN FEDERATION

2020 ◽  
Vol XIII ◽  
pp. 3-4
Author(s):  
Mariusz Zieliński
Keyword(s):  
Russian Federation ◽  
Transport Policy ◽  
The Other ◽  
Sea Transport ◽  
Other Hand ◽  
Strategic Plans ◽  
The Russian Federation ◽  
Sea Ports ◽  
The One

The folowing paper reveals the execution of Russian Federations Policy of sea transport based on The Transport Strategy of The RF. On the one hand the russian strategic programms are analised. On the other hand te conduct of the strategic plans (guided by governmental assemblies) is taken into consideration

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

scholarly journals Transformation of the Political Discourse of the Ukrainian Elite in the Context of Competition between the Russian Federation and the West: 2004–2014

2020 ◽  
Vol 10 (1) ◽  
pp. 100-103
Author(s):  
D. I. Yefremov
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
Political Elite ◽  
The Other ◽  
The Political ◽  
Political Elites ◽  
Hybrid Regimes ◽  
Other Hand ◽  
The Russian Federation ◽  
The One

The article establishes the relationship between the interests of the Ukrainian establishment and the foreign policy vector of Kyiv. The author identified the main actors who determined the specifics of the transformation of the strategic course of Ukraine. On the one hand, the author revealed the critical problems of European integration and on the other hand, the improvement/ degradation of relations with the Russian Federation. The author evaluated the strategic doctrines used by the Ukrainian elite and analysed main changes in the approaches of the Ukrainian establishment. This article considers the reaction of Russian and Ukrainian political elites to the correction of the foreign policy imperatives of the Russian Federation and Ukraine, respectively. Also, the author, using the theory of the “heavy” and “light” fractions of Ukrainian political elites as an example, identifies specific features of the correlation between the replacement/renewal of key elite groups and the adaptation of the strategic vector, including a qualitative rethinking of the approaches inherent in the replaced establishment. On the other hand, the author compared between the declared positions/slogans and specific doctrines/concepts, initiated, for example, by individual actors of the political elite. The author analyses the main reasons for the soft dismantling of the so-called multi-vector diplomacy in favour of the Euro-Atlantic course. Also, in the article, concerning the realities of Ukraine, the influence of the political model of “shapeless pluralism” of hybrid regimes on the transformation of the foreign policy’ agenda.

scholarly journals On the construction of the purpose of punishment in criminal law

2019 ◽  
Vol 13 (1) ◽  
pp. 50-53
Author(s):  
S. A. Borovikov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
Clear Guideline ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The One

The subject of consideration of this paper is the study of the purposes of punishment enshrined in article 43 of the Criminal Code of the Russian Federation. Attention is drawn to the similarities and differences in the approaches used to determining the purpose of criminal punishment in the laws of different countries and historical periods, the need for a critical assessment of the existing legislative decision. In the course of a comparative analysis the conclusion is formulated that the current version of the purposes of punishment in criminal law is overly broad, which creates the illusion of its achievement and in some cases the competition of its parts among themselves. So the first of those mentioned in article 43 of the Criminal Code of the Russian Federation the purpose of restoring social justice is a quality that should be inherent in punishment. The second of the purposes stated in the law – the correction of the convict – is one of several ways to achieve it. However the very purpose of the punishment is not to correct the convict. The third of these purposes – the prevention of crimes – is most consistent with the purpose of punishment, but it is quite lengthy and requires clarification. In addition it does not contain a clear focus on a person who can or has committed a crime. According to the results of the analysis it is proposed to carry out an adjustment of the purposes of criminal punishment in the law. The purpose of punishment should be one and have a common focus. In this regard it is proposed to define as the purpose of punishment – retention persons from committing crimes. The single and understandable purpose of punishment on the one hand will be a clear guideline in constructing the type and size of both the main and additional punishments in the sanctions of the articles of the Special Part, and on the other will allow the courts to choose the punishment that most corresponds to the intended result.

scholarly journals On the Appropriateness of the Use of the Term “Inducement” in Article 2301 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 18 (4) ◽  
pp. 433-444
Author(s):  
A. V. Syntin
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Medical Personnel ◽  
Criminal Code ◽  
The Other ◽  
Long Time ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
Criminal Legislation

The problem of prohibited substances (methods) abuse in sport has existed for quite a long time. On the one hand, by criminalizing certain anti-doping rules violations, legislation expanded the liability limits of coaches, sports medical personnel, and of other specialists in the field of sports, which can be regarded positively. On the other hand, it made certain mistakes which impeded the effectiveness of these laws enforcement. Among other things, there is a problem with definition of the term “inducement”. The term itself is defined in the note to article 2301 of the Russian Federation Criminal Code, but there is a controversy in demarcation of inducement. methods. While deception, the use of violence and instructions as inducement methods are socially dangerous at substantial level and can be regarded as methods of committing the crime, the provision of information or the prohibited substances themselves (means of using methods) cannot be regarded as methods of committing the crime. Such a definition of inducement means also leads to contradictions with the corpus delicti under Article 2302 of the Russian Federation Criminal Code. In addition, there are also different interpretations regarding the methods of inducement, coercion, involvement in the other corpus delicti, which, all together with the lack of a unified interpretation of the terms affects the possibility of bringing the guilty persons, especially coaches, sports medical personnel and other specialists in the field of sports, to criminal responsibility. The survey conducted among lawyers also has revealed difficulties in distinguishing these terms in practice. Based on the criminal legislation analysis, the author comes to the conclusion that the amendments in the Russian Federation Criminal Code are necessary.

CYBERCRIME TRENDS IN THE RUSSIAN FEDERATION

2021 ◽  
Author(s):  
Юлия Владимировна Тарасова
Keyword(s):  
Russian Federation ◽  
Complex Structure ◽  
The Other ◽  
Modern World ◽  
Current Trends ◽  
Other Hand ◽  
Computer Technologies ◽  
The Russian Federation ◽  
The One

В данной статье раскрывается понятие киберпреступности, которая характеризуется сложной структурой и большим разнообразием совершаемых в этой сфере общественно опасных деяний. В статье представлены актуальные на сегодняшний день тенденции с приведением примеров, рассмотрены факторы латентности киберпреступности. This article reveals the concept of cybercrime, which is characterized by a complex structure and a wide variety of socially dangerous acts committed in this area. This topic is relevant because in the modern world the sphere of computer technologies is rapidly developing, the use of which, on the one hand, has made the life of users easier, on the other hand, their use is far from safe. The article presents current trends with examples, considers the factors of cybercrime latency .

scholarly journals SOME PROBLEMS OF ENSURING THE PROTECTION OF ATTORNEY-CLIENT PRIVILEGE IN THE CRIMINAL PROCESS OF RUSSIA AND BELARUS

2018 ◽  
pp. 41-43
Author(s):  
E.V. Ezhova
Keyword(s):  
Russian Federation ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Republic ◽  
The One ◽  
The Right

The article deals with the basic guarantees of protection of attorney-client confidentiality in criminal proceedings. A comparative analysis of the legislative norms of the Russian Federation and the Republic of Belarus regulating the legal regime of attorney-client confidentiality is carried out. The article presents the legal positions of the constitutional Court of the Russian Federation on the issue under consideration, which contributed to the amendments to the criminal procedure law of Russia aimed at providing additional guarantees for the protection of attorney-client confidentiality. The author concludes that the practice of application of the rules containing guarantees of protection of attorney-client confidentiality testifies, on the one hand, to the need to strengthen the protection of citizens' rights to ensure the confidentiality of information provided to the lawyer, and, on the other hand, to the importance of preventing abuse of the right to protection by lawyers and their clients

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