scholarly journals Institute of Self-defense in the criminal law field. Review of the monograph by E.V. Lucchi, A.V. Shulga “Necessary defense in case of encroachments on family members: criminal-legal and criminological aspects” (Moscow: “Yurlitinform” Publ., 2021. 176 p.)

2021 ◽  
pp. 354-359
Author(s):  
Yulia Zuyeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Assessment ◽  
Social Nature ◽  
Self Defense ◽  
Effective Deterrent ◽  
Legitimate Interests ◽  
Ancient Times ◽  
Health Rights ◽  
Protection Of Life

The necessary defense is an inalienable right of every person, consisting in the protection of life and health, rights and legitimate interests belonging both to himself and to third parties. It is necessary to agree with the authors of the monograph that this form of self-defense is "one of the oldest institutions of criminal law, which since ancient times is based mainly on the instinct of self-preservation of a person living in society, and the desire to protect themselves from the surrounding dangers of domestic and social nature" (p. 7). The" merits " of the legal institution under consideration should also include the fact that it has a really effective deterrent potential against crime, since the prospect of receiving a tough rebuff from the defender has a much greater impact on the attacker than the probability of being in the hands of justice. At the same time, a qualified legal assessment of all aspects of the incident determines the distribution of the "victim" and "accused" statuses, which are sometimes repeatedly "exchanged" by participants in numerous conflicts during the judicial and investigative proceedings. An equally problematic aspect is the possibility of provoking an attack with the subsequent imitation of the state of the necessary defense from hooligan, selfish or other deviant motives. Accordingly, the correct legal assessment of the application of this form of self-defense in practice is a highly significant element of law enforcement. This is what determines the value of the institute of legal self-defense as an object of scientific research.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

Problems of destructive relations in oficial collectives of organs of internal affairs

2018 ◽  
Vol 3 (4) ◽  
pp. 80-88
Author(s):  
Татьяна Михайлова ◽  
Tat'yana Mihaylova ◽  
Айс Джонов ◽  
Ais Dshonov
Keyword(s):  
Law Enforcement ◽  
Psychological Climate ◽  
Professional Activity ◽  
Order Property ◽  
Collective Work ◽  
Service Activity ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Health Rights ◽  
Protection Of Life

Considering the conditions and specifics of work, the constant tension of the labor process, service in the organs of internal affairs is undoubtedly one of the most difficult types of professional activity. Thus, according to the indicators of tension, it belongs to the 3rd class of complexity. Practically all areas of operational and service activity of the internal Affairs bodies imply collective work, with a large number of employees United by the solution of complex state tasks on protection of life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, for combating crime, protection of public order, property and for ensuring public safety. In such a situation, special attention should be paid to the moral and psychological climate, which is formed in one or another staff of the internal Affairs bodies as a result of constant interaction both in office and outside it. In modern conditions of constant reforming, optimization of structure and regular number of the Ministry of internal Affairs among employees of law-enforcement bodies various negative interrelations which in General can be characterized as destructive are shown. The need to strengthen the discipline among the employees of the internal Affairs bodies by constantly monitoring the socio-psychological climate in the team and the formation of optimal relationships in the service teams is one of the most important psychological and pedagogical tasks of the entire management of the Ministry of internal Affairs at all levels.

scholarly journals CONCEPTIONS OF SELF-DEFENSE IN THE CRIMINAL LAW OF THE RUSSIA AND THE UNITED STATES

2019 ◽  
Vol 7 (6) ◽  
pp. 652-656
Author(s):  
Maria V. Talan ◽  
Oleg N. Dunin
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Criminal Law ◽  
The United States ◽  
Self Defense ◽  
The Usa ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Principle Of Proportionality ◽  
Unambiguous Interpretation

Purpose: This article is devoted to the analysis of the concepts of self-defense in the criminal law of Russia and the USA. The Russian Federation has developed a negative law enforcement practice in the field of implementation of the norms on necessary defense. Persons protecting themselves and their loved ones from criminals and causing harm to criminals who commit an attack are often prosecuted for violating the principle of proportionality of defense and attack, which under current law qualifies as exceeding the limits of necessary defense. Methodology: In the United States, criminal law provides citizens with ample opportunity to take defensive actions against criminal attacks. The basic doctrinal provisions of the institution of self-defense in the legal systems of Russia and the USA are considered. Under Russian criminal law, with the help of the institute of necessary defense, less specific rights are protected. Result: This leaves a wide scope for interpretation; law enforcement officials interpret the necessary defense in a limited way, not in the interests of the defenders. Implications/Applications: US criminal law proceeds from opposing assumptions, with the help of legitimate self-defense, not abstract rights are protected, but specific benefits: life, health, sexual integrity, the inviolability of the home; which allows for an unambiguous interpretation in the interests of defenders. Novelty/Originality: The article formulated proposals for the reception of the provisions of American criminal law into Russian law.as a result of which the criminal law should casually fix situations in which the necessity defense is possible and stipulates its limits.

scholarly journals The Development of Medical Criminal Law in Germany and in Russia

2021 ◽  
Vol 15 (4) ◽  
pp. 456-465
Author(s):  
Arseniy Bimbinov ◽  
Diana Stage
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Professional Activity ◽  
Medical Professionals ◽  
Criminal Prosecution ◽  
Wide Sense ◽  
Negative Consequences ◽  
Russian Science ◽  
Legal Assessment

Negative consequences of the actions of medical professionals have always been subject to controversial assessment from the legal standpoint. There were periods in Russian history when doctors were prosecuted even without establishing their guilt first, and the periods when doctors were not held responsible at all for the violations that they committed. Currently, medical and pharmaceutical work is a complicated process of performing professional functions connected with the observance of established standards and requirements of its organization. Most medical tests and manipulations of prevention, research, diagnostic, treatment or rehabilitation character are regulated by formal protocols which could, in some cases, prevent a qualified doctor from saving a patient’s life and in others — inflict forced harm on their health. Both of these situations require a legal assessment of the actions, the mechanism of which has not yet been fully determined. This circumstance could lead to a criminal prosecution of a medical professional whose fault is absent (or non-obvious). On the other hand, a structurally complex professional activity, for which there are no recognized methods of legal assessment, creates preconditions for various violations and abuses on the part of medical professionals. Changing relationships between a doctor and a patient, as well as the commercialization of modern medical practices have made the healthcare system one of the most delicto- and even criminally-oriented. These factors act as causes for the growing complexity of legislation (in the wide sense of the word) on criminal liability of medical professionals and the controversial law enforcement practice which, in its turn, leads to the interest of researchers in these problems. The results of such research often remain unconnected with other achievements of the criminal law science; due to this, it is necessary to study the development of law, including the practice of law enforcement and the doctrine, on criminal liability of medical professionals – medical criminal law. Taking into consideration that such a sub-branch of law is not traditional for Russian science, the authors present the results of researching the development of medical criminal law not only in Russia, but also in Germany, where this sphere of law has long been established as independent.

scholarly journals TOPICAL PROBLEMS OF QUALIFICATION OF CRIME, PROVIDING RESPONSIBILITY FOR INDECENT ASSAULT (ARTICLE 135 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION), AND MEASURES TO IMPROVE THE CRIMINAL STRUCTURE

2020 ◽  
Vol 30 (2) ◽  
pp. 264-270
Author(s):  
N.G. Kalugina ◽  
A.A. Shutova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
Illegal Activity ◽  
Legal Assessment ◽  
General Law ◽  
The Russian Federation

In this article, the various issues of legal assessment of the offence, which provides for liability for indecent acts against teenagers who have not reached the age of sixteen, are to be studied. In addition, the article considers problems arising in the process of qualification of the act, including those related to the determination of the ways of committing indecent acts, the age characteristics of the victim of the crime, as well as the understanding of the characteristic of the personality of the perpetrator. In addition to these issues arising in law enforcement, in our view, it is necessary to improve the criminal law norm. It is proposed to make some changes to the elements of the offence provided for in articles 135 of the Criminal Code of the Russian Federation, thus facilitating the process of qualification of the act and, in general, law enforcement activities. It also seems necessary for us to establish such a form of illegal activity as a criminal offence under article 134 of the Criminal Code of the Russian Federation, as commission of other acts of a sexual nature with the victims in the event of mutual consent.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

APPLICATION FEATURES OF TECHNICAL AND FORENSIC TOOLS BY AN INVESTIGATOR (THE INTERROGATOR) DURING INTERROGATION IN THE PRETRIAL DETENTION CENTER

2020 ◽  
pp. 48-53
Author(s):  
Роман Михайлович Морозов ◽  
Дмитрий Юрьевич Волков
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Literature ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Evidence Based ◽  
Detention Center ◽  
Pretrial Detention ◽  
Forensic Tools

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

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