scholarly journals The Signs of the Subject of a Crime under Article 243.2 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 3 (1) ◽  
pp. 113-127
Author(s):  
Iskander A. Khalikov ◽  
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
Criminal Code ◽  
Legal Literature ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Professional History ◽  
Domestic Law ◽  
Private Collections

Introduction. When studying history, the results of the work of archaeologists play a significant role. At the same time, for science, only those studies that are conducted by scientists on the basis of a state-issued permit (the so called open sheet) are of value. In accordance with the permit, scientists are required to provide reports on the excavations carried out and information about the objects found. This is what distinguishes professional archaeologists from non- professional history enthusiasts. Such enthusiasts dig atr archaeological sites because of their interest, to create private collections and to sell items of historical value in antique markets. By their actions, they commit crimes against cultural heritage. This makes it necessary to study the characteristics of the subject of the crime provided for in art. 243.2 of the Criminal code of the Russian Federation in order for criminal officers to properly deal with crimes in the field of archeology. Theoretical Basis. Methods. The research is based on general scientific and special research methods. The theoretical base consists of the works of domestic and foreign scientists in the field of law, history, archaeology, as well as the experience of competent authorities in the field of cultural heritage preservation. Results. The analysis of the work of the competent authorities and the study of legal literature led to the conclusion about the problems associated with the attribution to the subject of crime of persons searching for archaeological objects without obtaining a state permit. Discussion and Conclusion. Taking into account the accumulated international experience of countering illegal archaeology, studying domestic law enforcement practice, it is concluded that it is necessary to clarify the characteristics of the subject of the crime by making changes to the disposition of part 1 of art. 243.2 of the Criminal code of the Russian Federation.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

scholarly journals On the need to amend the sanction of the Article 235 of the Criminal Code of the Russian Federation “Unlawful practice of medical and pharmaceutical activity”

2021 ◽  
pp. 61-73
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Code ◽  
Practical Significance ◽  
The Social ◽  
Pharmaceutical Activity ◽  
The Subject ◽  
The Russian Federation ◽  
Cis Countries ◽  
Domestic Law

The study of educational, monographic, and other specialized literature testifies ti the fact that questions of imposition of penalty for committing an offence stipulated by the Article 235 of the Criminal Code of the Russian Federation have not been comprehensively examined. This article analyzes the practice of imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation. The object of this research is the social relations arising in the context of imposition of penalty for unlawful practice of medical and pharmaceutical activity. The subject of this research is the sanction of the Article 235 of the Criminal Code of the Russian Federation. The author considers the coercive measures applied to persons found guilty of committing an offence under the Article 235 of the Criminal Code of the Russian Federation. The acquired results contain scientific novelty and practical significance, and can be used for improving the criminal law. The author determines the following relevant issues associated with imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation: high instance of inflicting a fine as a form of punishment; absence of practice of imposition of punishment in form of restriction of freedom or forfeiture to hold certain posts or carry out particular activity. The makes recommendations for improving the sanction of the Article 235 of the Criminal Code of the Russian Federation, taking into consideration the analysis of the legislation of CIS countries and domestic law enforcement practice.

scholarly journals Treasury Control of Budget Expenditures of the Russian Federation Constituent Entities: Practice and Optimization Opportunities.

2021 ◽  
Vol 27 (8) ◽  
pp. 1894-1910
Author(s):  
Marzhinat I. KANKULOVA ◽  
Sabina Z. OSMANOVA
Keyword(s):  
Russian Federation ◽  
Business Processes ◽  
Practical Interest ◽  
Budget Process ◽  
Labor Costs ◽  
Analysis And Synthesis ◽  
Automated Information System ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Subject. This article examines the business processes of treasury control in the course of authorizing budget expenditures of the subject of the Russian Federation. Objectives. The article aims to develop recommendations for improving the business processes of treasury execution of budget expenditures of the subject of the Russian Federation. Methods. For the study, we used the methods of formalization, analysis and synthesis, induction and deduction, comparison, observation, and other general scientific theoretical and empirical research methods. Results. The article identifies reserves for increasing the potential of treasury control of the financial body of the Russian Federation subject by modifying the functionality of the budget process automated information system. It offers recommendations to increase the number of transactions for which extensive documentary control is carried out, while reducing the labor costs for performing the same type of current operations. Conclusions and Relevance. The proposals to optimize treasury control are in line with the solution of common tasks for the development of modern technologies for budget execution based on digitalization and automation of budget procedures. The results obtained may be of practical interest to the financial authorities of the Russian Federation constituent entities (municipalities) that implement their budgets independently through the current budget account opened at the Federal Treasury.

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.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals The subject of the crime under article 258¹ of the Criminal code of the Russian Federation

2021 ◽  
pp. 186-191
Author(s):  
Farhat Mukhambetov
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Wild Animals ◽  
International Treaties ◽  
Biological Resources ◽  
The Subject ◽  
The Russian Federation ◽  
Made In

An attempt is made in this work to reveal the content of the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation “Illegal extraction and circulation of especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation”. The necessity of division of art. 258¹ of the Criminal code of the Russian Federation into two articles, separately providing for liability for illegal production and trafficking of especially valuable wild animals and illegal extraction of especially valuable aquatic biological resources. The differences in the subject of the crime under art. 256 of the Criminal code of the Russian Federation, from the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation. The necessity of a substantial expansion of the List of especially valuable especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation for the purposes of articles 2261 and 258¹ of the Criminal code of the Russian Federation due to inclusion in him of all representatives of the Red Book of the Russian Federation.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

The system of personnel training in the internal Affairs bodies of the Russian Federation

2020 ◽  
Vol 5 (1) ◽  
pp. 205-220
Author(s):  
Natal'ya Serdyuk ◽  
Aleksandr Semchenko
Keyword(s):  
Russian Federation ◽  
Historical Materialism ◽  
Training System ◽  
Practical Significance ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Object Of Study ◽  
Near Future

The article discusses the system of organization of training in the internal affairs bodies of Russia, substantiates the principles of its functioning. Object of study - continuing education of employees of the internal affairs bodies of the Russian Federation. The subject of the study is the training system in the internal affairs bodies of the Russian Federation and methods for its optimization. Research hypothesis: the construction and implementation of individual educational paths will help optimize the training system in the internal affairs bodies of the Russian Federation. Methodology and research methods: general scientific theory of dialectic and historical materialism, acmeological, hermeneutic and situational-environmental methodological approaches; methods of content analysis of scientific literature and regulatory legal acts in the field of education, included observation, informal interviews, conversation, pedagogical experiment. The theoretical significance lies in the analysis and assessment of the state of departmental training system for the internal affairs bodies of the Russian Federation and in determining ways to optimize it. The practical significance lies in the analysis and interpretation of statistical data in the field of departmental education of the Ministry of Internal Affairs of Russia, and in this connection the justification of priority tasks in the near future.

Sign in / Sign up

Export Citation Format

Share Document