scholarly journals Legal Restrictions for Persons Who Have Committed Crimes

2021 ◽  
Vol 1 (2) ◽  
pp. 314-325
Author(s):  
Aleksey Nechepurenko
Keyword(s):  
Law Enforcement ◽  
Criminal Responsibility ◽  
Constitutional Court ◽  
Criminal Record ◽  
Law Enforcement Agencies ◽  
The People ◽  
The Russian Federation ◽  
Legal Restrictions ◽  
Federal Laws ◽  
Universal Law

The approaches of the Russian lawmaker to institute control over law for persons who have committed crimes are analyzed in the article. The paper investigates the fact that given legal restrictions are used as retaliatory measures not only for those who have committed crimes. Having manifested the danger for the society the criminal suffers from other restrictions of the rights during the court procedure and furthermore. Moreover, many legal restrictions are applied not only to the persons who are under trial or have a criminal record but also to those who are relieved of criminal responsibility due to nonrehabilitating circumstances. Key law positions of the Constitutional Court of the Russian Federation on arguable points of lawmaker’s introduction of law restrictions for the people who have committed crimes are formulated. Conclusions are drawn that many legal restrictions for such category of people concerning their labour activities contradict each other. Recommendations of strategic and tactical character are given, such as to reform the institute of previous convictions and to make universal law restrictions for those who have committed crimes. The realization of the tactical aspect is connected with the procedure of giving more precise definitions to many federal laws dealing with legal restrictions for this category of people. In particular, the question is about complete equality of prohibitions when joining and serving in law enforcement agencies, about federal unique list of discharge from criminal responsibility which is the reason to prohibit service in law enforcement agencies and other agencies.

On the issue of legal restrictions when entering the service of law enforcement agencies related to a person committing a crime and (or) a criminal record

2020 ◽  
pp. 20-24
Author(s):  
Антон Геннадьевич Антонов
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Systematic Approach ◽  
Penal System ◽  
Criminal Record ◽  
Law Enforcement Agencies ◽  
The Status ◽  
The Russian Federation ◽  
Legal Restrictions ◽  
Federal Laws

В статье анализируются федеральные законы, регламентирующие прохождение службы в органах внутренних дел Российской Федерации, уголовно-исполнительной системе Российской Федерации, прокуратуре Российской Федерации, Следственном комитете Российской Федерации. При этом уделено внимание Закону РФ от 26.06.1992 № 3132-1 «О статусе судей в Российской Федерации». На основе данного анализа рассмотрены ограничения, связанные с совершением преступления, которые препятствуют службе граждан в ряде правоохранительных органов. Сделан вывод об отсутствии системного подхода законодателя в этом вопросе: соответствующие правоограничения имеют различный объем, структуру и содержание. The article analyzes federal laws governing service in the internal affairs bodies of the Russian Federation, the penal system of the Russian Federation, the prosecutor’s office of the Russian Federation, and the Investigative Committee of the Russian Federation. At the same time, attention was paid to the Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the Status of Judges in the Russian Federation”. Based on this analysis, the author considers the limitations associated with the commission of a crime that impede the service of citizens in a number of law enforcement agencies. The study concluded that there is no systematic approach of the legislator in this matter: the corresponding legal restrictions have a different scope, structure and content.

scholarly journals Interpretation of certain aspects of criminal restriction of competition

2021 ◽  
pp. 48-58
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Implementation ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Tax Legislation ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

scholarly journals CRIMINAL LEGAL PROBLEMS OF BRINGING TO RESPONSIBILITY FOR CORRUPTION-RELATED CRIMES ON THE EXAMPLE OF COMMERCIAL BRIBERY

2021 ◽  
Vol 31 (4) ◽  
pp. 647-653
Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov
Keyword(s):  
Law Enforcement ◽  
Criminal Responsibility ◽  
Comprehensive Analysis ◽  
Small Scale ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Commercial Bribery ◽  
Federal Laws

The article provides a complete and comprehensive analysis of the norms of legislation regulating the issues of combating corruption crimes on the example of commercial bribery. Using the comparative legal method of scientific knowledge, the main national normative legal acts regulating the fight against corruption are analyzed. The provisions of federal laws and by-laws of state authorities regulating the issues raised are also analyzed. In addition, the analysis of the law enforcement practice of law enforcement agencies and courts responsible for the organization of work on the identification, prevention and suppression of corruption crimes, as well as carrying out criminal prosecution for their commission, is carried out. The article also reveals law enforcement and other problems of bringing to criminal responsibility for commercial bribery, mediation in commercial bribery and small-scale commercial bribery, a criminal-legal analysis of these types of crimes by their elements is carried out. Based on the results of the analysis, proposals are formulated aimed at further improving the regulatory framework concerning the issues of countering corruption crimes.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals TELAAH DAN ANALISIS PERJUDIAN DARI SISI PERSPEKTIF HUKUM ISLAM

2017 ◽  
Vol 4 (1) ◽  
pp. 43-56
Author(s):  
Muhammad Mahmud Nasution
Keyword(s):  
Law Enforcement ◽  
Human Development ◽  
Current Situation ◽  
Law Enforcement Agencies ◽  
Gambling Harm ◽  
Everyday Lives ◽  
The People

Gambling, which has existed since the existence of human civilization, developed along with human development. It provides insight on men that gambling seemed to be commonplace to be implemented. Lack of attention from law enforcement agencies and government as well as the absence of the intention of the community to deal with gambling as the main reason gambling still exist in people's everyday lives. Gambling harm to the livelihoods and lives of the people , nation and state. Kinds and forms of gambling are now widespread in people's everyday lives . Originally performed clandestinely but not for this current situation that has been done openly or, Even gambling nowadays has become the industry especially in the field of sports.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

Specifics of some anti-corruption measures in Russia within the framework of public and state security

2020 ◽  
pp. 541-547
Author(s):  
Tatyana Plotnikova ◽  
Andrey Paramonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Procedure Code ◽  
Illegal Acts ◽  
The Russian Federation

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

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