scholarly journals The identity of the subject who commits crimes in the field of public procurement for municipal or state needs

Author(s):  
Vasily Dolinko

The article deals with the issues of the identity of the subject who commits criminal acts in the field of public procurement for municipal and state needs. The state and its law enforcement agencies reliably protect the economic security of our sovereign country, effectively countering crime in the field of state procurement, protecting the economic sovereignty of our country, protecting our state from the destructive impact of external and internal threats and factors, from dangers and various negative challenges and risks in the field of economic security of the Russian Federation.

Author(s):  
Галина Крохичева ◽  
Galina Krohicheva ◽  
Алина Куровская ◽  
Alina Kurovskaya

The article presents the statistics of the annual collection of the Ministry of Internal Affairs of the Russian Federation on the state of crime relating to crimes of a corruption nature. The areas of activity of law enforcement agencies for ensuring economic security are analyzed, the main problems of determining the role and place of law enforcement agencies, internal affairs bodies in the system of ensuring economic security are identified, and measures are presented to improve the activities of internal affairs bodies in counteracting economic crime.


2019 ◽  
Vol 2019 (3) ◽  
pp. 25-31
Author(s):  
Леонид Mищенко ◽  
Leonid Mischenko ◽  
Николай Телицын ◽  
Nikolay Telicyn

The article deals with the applied aspects of operational and investigative characteristics of crimes under articles 2851 and 2852 of the Criminal code of Russian Federation, which, due to the specifics of the subject of the wrong­ful act, pose a threat to the economic security of the state. Given the current theoretical approaches to the definition and content of the term and the cur­rent judicial and investigative practices the author provides the vision, the concept and structure of this characteristics as well as its content with the prevailing patterns of law enforcement practice activities units of economic security and anti-corruption of the Ministry of the Interior of the Russian Federation to ensure the economic security of the state.


Author(s):  
Vasily Dolinko

The article deals with the issues of criminal liability for abuses in the sphere of procurement for state and municipal needs of the Russian Federation. The state and its law enforcement agencies reliably protect the budget sphere of Russia and its economic sovereignty, effectively protecting our state from the destructive impact of external and internal threats and factors, from dangers and various kinds of negative challenges and risks in the field of economic security of the Russian Federation. The relevance of this article lies in the fact that it indicates that this direction is in the modern mainstream of the world trends in the development of criminal law impact on modern crime in the sphere of ensuring the security of the country’s budget sector, the dominant role in which is played by the state authorities of Russia and institutions of modern Russian civil society, which is very relevant at this time. The originality of the material consists in the fact that at the present time in Russia there is a comprehensive and well-developed theoretical base for the effective formation of a system of criminal legal measures to ensure counteraction to abuses in public procurement, which is legally fixed by the modern legal framework. Among the state bodies, the subjects whose activities are aimed at effectively ensuring the security of the budget sphere of the Russian Federation and its economic entities have been identified. The conclusion of the article is that based on a generalized analysis of the legal framework of the Russian Federation, existing theoretical views and suggestions and comments made by the author, the author proposes a conceptually new approach to the definition of criminal law measures to ensure the security of the budget sphere of the Russian Federation in countering crime in the field of public procurement, the essence of which (in a generalized form) is reflected in the provisions of this article.


2020 ◽  
pp. 110-114
Author(s):  
Natalia Alexandrina

The article discusses issues of compensation for damage caused to the Russian Federation. Negative factors affecting the effective application of protective measures and mechanisms of interaction between law enforcement agencies and other entities organizing activities in this area are highlighted. Suggestions are given for improving the package of measures to compensate for damage caused to the state.


Author(s):  
Олег Игоревич Денисенко ◽  
Оганнес Давитович Мкртчян

В связи с увеличением числа преступлений террористической направленности разрешения требуют вопросы, связанные с обеспечением объектов (территорий) УИС инструментами антитеррористической защищенности, к которым можно отнести такие, как проведение организационно-практических мероприятий антитеррористической защиты объектов УИС, наличие соответствующей документации и ответственного должностного лица, выполнение режимных требований на объектах УИС в соответствии с законодательством РФ, а также обеспечение контроля за количественными и качественными характеристиками эксплуатируемых инженерно-технических средств охраны и надзора. Актуальность проводимого исследования обусловлена необходимостью качественной реализации в правоприменительной практике совокупности требований обеспечения мероприятий по обеспечению антитеррористической защищенности объектов (территорий) УИС с целью защиты прав и интересов всех субъектов уголовно-исполнительной системы от террористического посягательства. Авторами выявляются проблемы правового и организационного уровня при оценке состояния антитеррористической защищенности объектов УИС: формализм при проведении обследований, недостаточный уровень оснащенности объектов УИС инженерно-техническими средствами охраны и надзора, а также финансирования для удовлетворения нужд объектов УИС в части обеспечения антитеррористической защищенности. Помимо прочего упоминаются такие проблемы, как отсутствие унифицированных принципов организации деятельности комплексных комиссионных обследований, разработанных с учетом современных правоприменительных норм и запросов практики, а также обосновывается необходимость повышения компетентности сотрудников ФСИН России при проведении комплексных комиссионных обследований. In connection with the increase in the number of terrorist crimes, the resolution requires issues related to the provision of facilities (territories) of the penal system with anti-terrorist security tools, which include such as the implementation of organizational and practical measures for the anti-terrorist protection of the penal system, the availability of appropriate documentation and a responsible official, the implementation of regime requirements at the facilities of the penal system in accordance with the legislation of the Russian Federation, as well as ensuring control over the quantitative and qualitative characteristics of the operating engineering and technical means of protection and supervision. The relevance of the study is due to the fact that in law enforcement practice, a high-quality implementation of the set of requirements for ensuring the anti-terrorist protection of objects (territories) of the penal system is required so that the rights and interests of all subjects of the penal system in terms of protection from terrorist encroachment are observed. The authors identify the problems of the legal and organizational level when assessing the state of anti-terrorist security of penal facilities: formalism in conducting surveys, insufficient equipment of penal facilities with engineering and technical means of protection and supervision, as well as the level of funding to meet the needs of penal facilities in terms of ensuring anti-terrorist protection. Among other things, such problems as the lack of unified principles for organizing the activities of complex commission surveys, developed taking into account modern law enforcement norms and practice requests, are mentioned, as well as the need to improve the competence of employees of the Federal Penitentiary Service of Russia when conducting comprehensive commission surveys is substantiated.


Author(s):  
Денис Печегин ◽  
Denis Pechegin ◽  
Евгения Прохорова ◽  
Evgeniya Prohorova

The police as a law enforcement body of a specific state was created to perform a variety of tasks in order to maintain the law and order in society, to ensure the security of the state, its citizens. In accordance with the role of the police in the legal doctrine of different countries (Germany, France, England, etc.), in due time, there were even separate schools to study this institution. The police are also one of the subjects of anti-corruption. Nevertheless, this does not mean that corruption cannot exist in the ranks of the police. Despite the general increase in confidence in the police and their employees, noted by the All-Russia centre of studying of public opinion over the last few years in the Russian Federation, today the efforts to combat corruption need to be undertaken not only outside, but also within the police departments themselves. It is obvious that corrupt law enforcement bodies are not able to perform effectively and qualitatively their tasks, and this fast poses a real threat to the state, society and the individual. Thus, the task of improving the complex of anti-corruption measures in the police bodies is becoming more urgent. The article presents a comparative legal analysis of anti-corruption in the police bodies of Russia and Germany in modern conditions. The measures of influence are defined, as well as the forms of interaction of law enforcement agencies in the fight against this negative social phenomenon. The authors come to conclusion that the effective system of anti-corruption in police facilitates not only by the system of legislative sanctions adopted in the state, but also by the qualitative implementation of the state’s social policy with regard to civil servants.


Author(s):  
Dmitrii Novgorodov

The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.


2021 ◽  
pp. 104-109
Author(s):  
Anatoly Yu. Olimpiev ◽  
◽  
Irina A. Strelnikova ◽  

The problematic issues of ensuring cybersecurity in the Russian Federation are investigated in the article. Based on the analysis of legal literature and normative legal acts on crimes in the field of computer information in the criminal legislation of the Russian Federation and countering them, several judgments are made. The state of crime in the field of computer information is largely determined by the level of economic development of any state, including the Russian Federation as a subject of international law. Computer information, as social interaction, is protected by the criminal legislation of the Russian Federation. Counteraction in the field of computer information involves the formation of special units in a number of law enforcement agencies (first of all, in the state security bodies and in the internal affairs bodies) staffed with employees with additional competencies in the field of computer technology.


Author(s):  
Ol'ga Evgen'evna Derevyagina

The subject of this research is the notes to the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses; foreign antimonopoly legislation on exemption and mitigation of liability for cartels; decisions of the plenums of higher judicial instances of the Russian Federation regarding the grounds and procedure for exemption from liability for cartel agreements; draft of the federal law on introducing amendments to the Article 178 of the Criminal Code of the Russian Federation and antimonopoly practice on cartels. The article aims to examine the grounds for exemption from criminal liability for cartel agreements, including in comparative-legal and interdisciplinary aspects. The novelty of this research consists in establishing extension of the grounds for exemption from liability in the Russian legislation to all cartel participants (unlike foreign legislation, according to which the cartel facilitator is not exempt from liability). This article is firs to provide interpretation to scantily studied questions of the procedure for realization of the conditions of exemption from criminal liability: the instance, when the cartel participant is still able to declare the restriction of competition to law enforcement agencies, and other measures of reparation of the inflicted damage. The author proposes a method for unification of the the grounds for exemption from liability stipulated by the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses. The acquired results can be applied in the activity of law enforcement agencies.


Author(s):  
Ol'ga Evgen'evna Derevyagina

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.


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