scholarly journals Illegal circulation of means of payment (Art. 187 of the Criminal Code of the Russian Federation) as an instrument of money laundering: features of criminal law counteraction

2021 ◽  
Vol 2021 (4) ◽  
pp. 99-104
Author(s):  
Tatiana Rozovskaya ◽  
Roman Kulikov ◽  
Aleksey Grezin
Keyword(s):  
Money Laundering ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
The Will ◽  
The Russian Federation ◽  
The Creation

The article presents a vision of the development of the institution of criminal-legal counteraction to illegal circulation of means of payment, as the most common tool for cashing out funds obtained by criminal means. Attention is drawn to the characteristics of counterfeit and counterfeit payment documents. It is noted that the legal protection authorities equate counterfeit and illegality, despite the fact that the second term is etymologically interpreted much broader. An approach has been substantiated on the advisability of recognizing the creation of fake payment orders not on the basis of the inaccuracy of information that is entered in payment documents and contradictions in relations that occur in reality, but on the basis of distortion of the will of the person who has the authority to dispose of funds.

scholarly journals Topical issues of qualifying violations of sanitary and epidemiological rules in the context of the spread of the new coronavirus infection (COVID-19)

2021 ◽  
Vol 1 (11) ◽  
pp. 67-71
Author(s):  
A.L. SANTASHOV ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Will ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Creation

The article discusses topical problems of qualification of violations of sanitary and epidemiological rules (Art. 236 of the Criminal Code of the Russian Federation). Particular attention is paid to the analysis of judicial practice in the case of such signs as “mass illness or poisoning of people” or “the creation of a threat of the onset of such consequences.” These questions are being updated by the author in connection with the spread and fight against the new coronavirus infection (COVID-19). Possible negative scenarios for the development of the situation with this disease in penitentiary institutions are predicted. It is concluded that responsibility for a violation of sanitary and epidemiological rules, which created a threat of the onset of such consequences, can occur only if this threat is real, when a mass illness or poisoning of people did not occur only as a result of timely adopted by state authorities, local self-government, medical employees and other persons of measures aimed at preventing the spread of the disease (poisoning), or as a result of other circumstances beyond the control of the will of the person who violated these rules.

scholarly journals System of criminal penalties of Russian federation: legal regulation and sentencing practice

2019 ◽  
Vol 135 ◽  
pp. 04066
Author(s):  
Alexandra Brovkina ◽  
Victor Vezlomtsev ◽  
Svetlana Zakharova ◽  
Olga Shuranova ◽  
Yuri Truntsevsky
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Forced Labor ◽  
Criminal Sanctions ◽  
Special Part ◽  
The Russian Federation ◽  
The Creation ◽  
Criminal Penalties

The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation revealed inconsistencies with the requirements of legislative equipment in their development, which creates serious difficulties in the appointment of sentences by the courts. Penalties under criminal law sanctions include punishment in the form of punishment, forced labor, imprisonment for a specified period. The legislation does not take into account the nature and degree of threat to crimes committed in the formation of sanctions articles. Criminal law and criminal law protection, and criminal procedural requirements, and punishments. In accordance with the peculiarities of the formation of the punishment system, the creation of criminal sanctions, as well as taking into account the goals of punishment in the domestic criminal law, which allows us to develop recommendations on the preparation of sanctions for articles of the criminal code of the Russian Federation.

scholarly journals Real Served Term in Case of Parole: Problems of Determination

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Руслан Долотов ◽  
Ruslan Dolotov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
House Arrest ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Creation ◽  
The Right

The article is devoted to the practice of parole. The main goal of the study is to determine if is it properly to include a period of house arrest in six months term of imprisonment, necessary for the creation of the right to parole. The article proves that in practice they judge from the following conclusion: as the period of house arrest is included in the period of detention, and the detention period is included in the term of imprisonment, so when a real served term for parole is determined it is necessary to include in it the period of house arrest. The author explains that such conclusion is flawed since it is based on a dogmatic rather than systemic interpretation of the Criminal Code and the Criminal Procedure Code of the Russian Federation without understanding the role which plays set by the legislator six months term in case of parole in the system of criminal law measures.

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

Vulnerability of the modern criminal legal system of Russia from the methods and means of conducting hybrid wars

2021 ◽  
Vol 7 (3) ◽  
pp. 30-44
Author(s):  
Leonid V. Goloskokov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal System ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Law System ◽  
The Russian Federation ◽  
Hybrid War ◽  
Criminal Legal System

The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events. The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars. This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article. In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary. A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.

LEGAL PROTECTION OF FOOD SECURITY

2021 ◽  
Vol 1 (6) ◽  
pp. 34-38
Author(s):  
T. D. USTINOVA ◽  
◽  
A. S. RUBTSOVA ◽  
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Public Safety ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

The article reveals the problems of applying criminal liability for the smuggling of strategically important goods. It is proved that such crimes infringe not on public safety, but on relations in the sphere of economic activity. It is proposed to return the criminal law norm to Chapter 22 of the Criminal Code of the Russian Federation.

On the Issue of Responsibility for Money or Other Property Laundering

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Алена Харламова ◽  
Alena Kharlamova
Keyword(s):  
Money Laundering ◽  
Russian Federation ◽  
Criminal Law ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Judicial Decisions ◽  
The Russian Federation ◽  
The Impact ◽  
The Relationship ◽  
Crime Classification

The article deals with the essence of legalization (laundering) of money or other property acquired through commission of crimes. The author analyzes the existing language of the object of legalization in the Russian criminal law, including their contents and the relationship inter se and with other categories, the impact of the legislator’s concepts on criminal and legal assessment of socially dangerous acts. The author focuses on the changes to the Criminal Code of the Russian Federation introduced in connection with tightening of measures on anti-money laundering, and their implications for the application of criminal law institutions. On the basis of the study of specific judicial decisions and preliminary investigation files the author explores controversial questions of crime classification envisaged by Art. 174 and 1741 of the Criminal Code of the Russian Federation.

scholarly journals THE CRIMINAL LAW PROTECTION OF SOCIAL SECURITY: A SCIENTIFIC OVERVIEW OF ARTICLE 207.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 ◽  
pp. 52-55
Author(s):  
Aleksandr P. Kuznetsov ◽  
Keyword(s):  
Social Security ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

Newly introduced into Criminal Code of the Russian Federation articles 207.1 are examined in the study in terms of legal protection of public relations, provides a scientific commentary on it, recommendations on the qualification of committed acts are suggested.

scholarly journals THE CRIMINAL LAW PROTECTION OF SOCIAL SECURITY: A SCIENTIFIC OVERVIEW OF ARTICLE 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 28-31
Author(s):  
Aleksandr P. Kuznetsov ◽  
Keyword(s):  
Social Security ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

Newly introduced into Criminal Code of the Russian Federation articles 2072 are examined in the study in terms of legal protection of public relations; scientific commentary on the articles is provided; recommendations on the qualification of committed acts are suggested.

scholarly journals Criminal law aspects of determining the actual preparation for a crime in the norms of the Special Part of the Criminal Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 88-95
Author(s):  
Aleksandr Ilidzhev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Nature ◽  
Special Part ◽  
The Russian Federation ◽  
The Creation ◽  
Definition Of ◽  
Exhaustive List

The article examines the legal nature of preparation for a crime, provides a conceptual and terminological analysis of this category of criminal law. The work is devoted to the study of reflection of the provisions of the general criminal law concerning the regulation of the institution of preparation for a crime in its special part. The study, taking into account different views in the theory of criminal law, provides the author’s definition of the actual preparation for a crime. As a result of the study, it is confirmed that when determining the prescriptions of the Special Part of the Criminal Code of the Russian Federation, reflecting the actual preparation for a crime, it is necessary to proceed from the fact that they should not establish an independent crime, but an act that constitutes the creation of conditions for the commission of this crime. When deciding whether to classify an act as an actual preparation for a crime, it is proposed to use the method of mentally excluding the relevant prescriptions from the criminal law. The author demonstrated the application of this method by the example of the compositions of the Special Part, namely Art. 146, 150, 159, 1596, 1711, 1732, 186, 187, 1911, 2051, 2054, 209, 210, 211, 212, 234, 2341, 238, 239, 242, 2421, 2422, 276, 2821, 2822, 2823, 3271, 3272, 353, 359, 361 of the Criminal Code of the Russian Federation, which in his opinion represent an exhaustive list of options for reflecting the actual preparation for a crime in the Special Part of the Criminal Code of the Russian Federation.

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