scholarly journals Problems of qualification of crimes committed in the sphere of cryptocurrency turnover

2019 ◽  
pp. 125-131
Author(s):  
Madina Dolgieva
Keyword(s):  
Criminal Code ◽  
Psychotropic Substances ◽  
Fiat Money ◽  
Judicial Practice ◽  
Form Part ◽  
The Subject ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Cost Characteristics ◽  
Narcotic Drugs

The article is devoted to the problems of qualification of various types of theft of cryptocurrency, theft of funds committed using cryptocurrency. The article deals with crimes related to the illegal sale of drugs for cryptocurrency and raises the question of the absence in the act of the offense under article 1741 of the Criminal code of the Russian Federation. The author studies the concepts of cryptocurrency and property within the framework of existing scientific opinions and analyzes the versatile judicial practice, which, in particular, tends to classify cryptocurrencies as types of property. The goals and objectives of the study are to determine the range of features and properties of the objects of crimes committed with the use of cryptocurrency, as well as committed against the cryptocurrency as an object of infringement. In the preparation of the article, mainly formal logical methods were used, as a result of which the author analyzes social and legal phenomena. The author concludes that the main feature of the evaluation of the object of crimes in sphere of circulation of cryptocurrency, is the presence of his property and cost characteristics, the possibility of determining the damage for the proper qualification of the offense. It is concluded that cryptocurrency may be the subject of corruption offenses on the basis of scientifically substantiated opinions about the presence of the paid nature of the benefit provided by the cryptocurrency. It is argued that the actions associated with the sale of narcotic drugs and psychotropic substances for cryptocurrency and subsequent actions to transfer cryptocurrency to Fiat money do not form part of the crime providing for liability for the legalization of proceeds from crime.

scholarly journals SUBJECT OF CRIMES PROVIDED FOR IN ARTICLES 228, 228.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: GENERAL PROVISIONS

2021 ◽  
pp. 3-7
Author(s):  
I.A. Anisimova ◽  
A.V. Anisimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
The Subject ◽  
The Russian Federation ◽  
Narcotic Drugs

The article deals with the debatable issues of the general criminal law characteristic of the subject ofdrug-related crimes. The meaning and place of narcotic drugs, psychotropic substances and plant-baseddrugs referred to in articles 228 and 228.1 of the Criminal Code of the Russian Federation in the crime aredetermined on the basis of the provisions of the study on the subject of the crime. The reasonable conclusionis that these drugs, substances and plant-based drugs belong to the subject of the crime as a separate sign ofcorpus delicti. Views on the definition and signs of the subject of drug-related crimes are summarized. Thecontent of the signs of the subject of crimes under articles 228 and 228.1 of the Criminal Code of the RussianFederation is specified. The problem of the terminological designation of the subject of the crime is raisedin articles 228 and 228.1 of the Criminal Code of the Russian Federation.

A criminal profiling of persons convicted for narcotic drugs and psychotropic substances illicit trafficking

2020 ◽  
Vol 2020 (3) ◽  
pp. 118-122
Author(s):  
Elizaveta Pavlik ◽  
Elena Ketenchieva
Keyword(s):  
Russian Federation ◽  
Leningrad Region ◽  
Public Interests ◽  
Drug Offenders ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Criminal Profile ◽  
Illicit Trafficking ◽  
Narcotic Drugs

This article provides a classification and characteristics of persons convicted for crimes in the field of narcotic drugs and psychotropic substances illicit trafficking. The article deals with the statistics in this sphere over the past five years. Based on the collected empirical evidence the authors analyzed the qualitative indicators of convicted drug offenders. The examination of statistical data from investigative and judicial practice on crimes in the field of narcotic drugs and psychotropic substances illicit trafficking made it possible to sketch a criminal profile of a person sentenced to imprisonment: a citizen of the Russian Federation, a male between 18 to 39 years, having a secondary general or vocational education. Moreover, the personality of a convicted person is characterized by his internal criteria deformation devaluing the norms and rules that express and consolidate public interests. The authors also conducted a comparative analysis of offenders convicted both in the Russian Federation and in such federal subjects as Saint-Petersburg and Leningrad region. The choice of St. Petersburg as one of the objects of this research is justified by the fact that it has been among the leaders of the regions with the largest number of recorded drug-related crimes for several years.

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

Limits of punishability of theft of narcotic drugs and psychotropic substances

2019 ◽  
pp. 16-21
Author(s):  
Ольга Александровна Беларева
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Uniform System ◽  
Psychotropic Substances ◽  
Official Position ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Broad Interpretation ◽  
The One ◽  
Narcotic Drugs

В статье рассматриваются вопросы влияния формы хищения, его квалифицирующих признаков на определение законодателем пределов наказуемости хищения наркотических средств. Автор выделил некоторые недостатки, допущенные при конструировании уголовно-правовой нормы, предусматривающей ответственность за хищение наркотических средств. В статье рассмотрены некоторые конкретные ситуации, демонстрирующие парадоксальность решения законодателя отказаться от конкретизации форм хищения при квалификации по ст. 229 УК РФ и установить единую систему квалифицирующих признаков для всех способов изъятия наркотических средств. Критическую оценку получило расширительное толкование Верховным судом РФ квалифицирующего признака «с использованием служебного положения». С одной стороны, такое понимание данного признака ставит под сомнение возможность квалификации по ч. 1 ст. 229 УК РФ хищения наркотических средств в форме присвоения или растраты, поскольку сразу переводит на квалификацию по п. «в» ч. 2 ст. 229 УК РФ. С другой стороны, при таком подходе присвоение и растрата наркотических средств становятся более опасным хищением, чем открытый ненасильственный грабеж. Автор также отмечает, что возможности суда по учету степени общественной опасности хищения наркотических средств в форме разбоя существенно ограничены. Единые пределы наказуемости не позволяют в должной мере учесть признаки, повышающие степень опасности такого хищения. Автор приходит к выводу, что ст. 229 УК РФ нуждается в корректировке, как в части формулирования диспозиций, так и в части пересмотра санкций, с учетом существенно различающегося характера и степени общественной опасности предусмотренных в ней деяний. The article deals with the influence of the form of theft, its qualifying features on the determination by the legislator of the limits of punishability of theft of narcotic drugs. The author highlighted some shortcomings in the construction of criminal law, providing for liability for theft of drugs. The article deals with some specific situations that demonstrate the paradoxical decision of the legislator to refuse to specify the forms of theft in the qualification of Art. 229 of the Criminal Code and to establish a uniform system of qualifying signs for all seizures of narcotic drugs. Critical assessment received broad interpretation by the Supreme Court of the Russian Federation qualifying feature “using official position”. On the one hand, this understanding of this feature casts doubt on the possibility of qualification under part 1 of article 229 of the criminal code of theft of drugs in the form of appropriation or embezzlement, as immediately translates to the qualification under pt. 2 of Art. 229 of the Criminal Code. On the other hand, with this approach, the appropriation and embezzlement of drugs become more dangerous theft than open nonviolent robbery. The author also notes that the court's ability to take into account the degree of public danger of theft of drugs in the form of robbery is significantly limited. Uniform limits of punishability do not allow to take into account properly the signs increasing degree of danger of such plunder. The analysis of questions of punishability of theft of narcotic drugs convinces that Art. 229 of the Criminal Code of the Russian Federation needs correction, both regarding formulation of dispositions, and regarding revision of sanctions, taking into account essentially differing character and degree of public danger of the acts provided in it.

scholarly journals Proof during the prejudicial inquiry of smugglingof narcotic drugs, psychotropic substances, their analogs, or precursors under the legislation of Ukraine

2021 ◽  
Vol 10 (39) ◽  
pp. 159-168
Author(s):  
Oleg Reznik ◽  
Maksym Pochtovyi ◽  
Kateryna Yanishevska ◽  
Andrii Butyrskyi
Keyword(s):  
Social Relations ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Procedural Support ◽  
The Subject ◽  
Narcotic Drugs

The object of the study is social relations regarding the prejudicial inquiry of smuggling narcotic drugs, psychotropic substances, their analogs or precursors. It has been found that there are scholars who choose different definitions for interpreting the nature of the proof, but are unanimous about the role of this process in proving a person’s guilt and choosing an adequate punishment. The authors use a set of scientific methods of modern epistemology as well as comparative, special legal, logical and other methods. We propose to analyze all the circumstances that are subject to proof during the prejudicial inquiry of smuggling of narcotic drugs, psychotropic substances, their analogs, or precursors. In this paper must identify the general grounds that must be proved in each crime and the specific circumstances that are important to prove only in the case of smuggling narcotic drugs, psychotropic substances, their analogs, or precursors. The conclusion is made about the importance of proper procedural support of criminal prosecution of persons who have committed a crime under Article 305 of the Criminal Code of Ukraine. Therefore, we propose to include in the subject of evidence for the prejudicial inquiry.

scholarly journals On the Concept of the Subject of Corruption-Related Crimes Related to Passive and Active Bribery and Other Illegal Remuneration Types

2021 ◽  
Vol 3 ◽  
pp. 18-24
Author(s):  
Pavel V. Nikonov ◽  
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Criminal Code ◽  
Unified Approach ◽  
Judicial Practice ◽  
Legal Science ◽  
The Subject ◽  
The Russian Federation ◽  
Open Question

To the question of the concept of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration Currently, the legal science has not yet developed a unified approach to understanding the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration. The legal content of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration is disclosed in the dispositions articles 184, 290, 204, 2005, 2007 of the criminal code of the Russian Federation, which include money, securities, other property, property services and other property rights. At the same time, it remains an open question whether old-style banknotes and coins withdrawn from circulation, but subject to exchange, counterfeit money, or other property seized or restricted in circulation can be classified as such. Based on the study and analysis of judicial practice, the article presents the author’s approach to solving this problem and suggests measures to improve the current legislation.

scholarly journals Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

2020 ◽  
Vol 17 (3) ◽  
pp. 394-401
Author(s):  
Aleksei Suslikov
Keyword(s):  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Status ◽  
The Moment ◽  
Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented. The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed. The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person. Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

scholarly journals Forensic Techniques Used in the Investigation of Smuggling on Railway Transport

2020 ◽  
Vol 15 (12) ◽  
pp. 149-156
Author(s):  
G. M. Usova ◽  
I. V. Malykhin
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Railway Transport ◽  
Psychotropic Substances ◽  
The Russian Federation ◽  
Forensic Tools ◽  
Special Control ◽  
Tools And Methods ◽  
Narcotic Drugs

The paper examines the forensic tools and methods used in the investigation of smuggling on the railway transport. The role of these forensic tools and methods is quite high, since they make it possible to timely identify and suppress the commission of the crime in question, determine the perpetrators and prevent the spread of narcotic drugs, psychotropic substances or their precursors on the territory of our country. The paper also discusses the features of the use of special methods of forensic science in the investigation of smuggling committed on the railway transport. One of the main smuggled items today are narcotic drugs, psychotropic substances or their precursors or analogues, plants containing narcotic drugs, psychotropic substances or their precursors, or their parts containing narcotic drugs, psychotropic substances or their precursors, tools or equipment, under special control and used for the manufacture of narcotic drugs or psychotropic substances, while criminal liability for this crime is provided for in Art. 229.1 of the Criminal Code of the Russian Federation.

scholarly journals Causation in criminal medical malpractice: a conflict of forensics and criminal law in the Russian Federaion

2021 ◽  
pp. 1-23
Author(s):  
Kirill Alekseevich Berchanskiy
Keyword(s):  
Russian Federation ◽  
Medical Malpractice ◽  
Criminal Policy ◽  
Medical Personnel ◽  
Criminal Code ◽  
Medical Examination ◽  
Judicial Practice ◽  
Forensic Practice ◽  
The Subject ◽  
The Russian Federation

The subject of this study is the judicial practice of Russian courts on cases commeneced against medical personnel under the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper performance of professional duties. The subject of research also includes the legal framework on the procedure for conducting forensic medical examination in the Russian Federation, medical legislation, as well as the relevant provisions of the Criminal code of the Russian Federation. The scientific novelty of this research connsists in the comprehensive approach towards its implementation, including the analysis of the current judicial practice of Russian courts on medical malpractice. As a result of this analysis, the main problems that Russian courts face when assessing the causal relationship in iatrogenic crimes, primarily committed by omission, were identified. Through a detailed analysis of the laws and bylaws governing the procedure for conducting a forensic medical examination, the author has identified possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in jurisprudence. Also, using the historical method of interpretation, the author revealed the existence and causes of significant contradictions in the relevant legislation. Using a comparative-analytical method applied to the Russian criminal and forensic legislation, the main problems that hinder the effective and fair consideration of iatrogenic cases at the moment are identified, and ways to solve them are proposed depending on the state's priorities in criminal policy.

Features of the criminal evaluation of objective signs of timber smuggling (Art. 226.1 of the Criminal Code of the Russian Federation)

2020 ◽  
Vol 2020 (4) ◽  
pp. 62-72
Author(s):  
Arbi Akiev ◽  
Daria Fisenko
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Modus Operandi ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Structure ◽  
The Moment ◽  
Objective Side ◽  
Enforcement Activity

In the article the authors examine certain problems of qualification of smuggling of timber being one of the types of strategically important goods and resources for the Russian Federation. These problems are stipulated by the specific of the legislative structure, as well as by the difficulties of interpreting this corpus delicti. Within the frame of the research it was established that that most difficulties in law enforcement activity arise in the course of criminal-legal assessment of the objective signs of timber smuggling and, mostly, of the subject of the corpus delicti under consideration and modus operandi of the crime due to the specifics of timber being the object of smuggling. In order to solve problems stated in the article, the authors analyze such ob-jective signs of corpus delicti provided for by Art. 2261 of the Criminal Code of the Russian Federation, as a subject and an objective side on the basis of materials of of-ficial statistics, judicial practice and criminal law doctrine. As a result of the conducted analysis the authors’ recommendations on the qualification of timber smuggling are formulated. Thus, the authors clearly identified the established in the current customs legislation a list of types of timber related to the subject of the crime provided for by Art. 2261 of the Criminal Code of the Russian Federation; the most common modus operandi of timber smuggling in judicial practice are explained; the moment of completion of the criminal encroachment under analysis is clarified, and the amount of damage necessary to qualify the timber smuggling under Art. 2261 of the Criminal Code of the Russian Federation are defined.

Sign in / Sign up

Export Citation Format

Share Document