The Role of the Russian Constitutional Court in Achieving Certainty of the Criminal Law Prohibition

2020 ◽  
Vol 6 ◽  
pp. 93-100
Author(s):  
Z. А. Magomadova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
Absolute Certainty ◽  
The Russian Federation ◽  
Legal Meaning ◽  
The Way

The article explores the activities of the Constitutional Court of the Russian Federation as a means of achieving certainty of the criminal law prohibition. Three approaches to «reduce» uncertainty are considered (wherein, the impossibility to reach absolute certainty is proclaimed). The author proposes to distinguish three such approaches enforced by the Constitutional Court: 1) recognize the contested provision as compliant with the Constitution of the Russian Federation (through a «refusal» ruling); 2) to indicate the constitutionality of the norm, while revealing its obligatory legal meaning (thus, correcting not the rule itself, but the practice of its application); 3) to decide the unconstitutionality of the normative act examined in the process of constitutional production in whole or in part. It is argued that the way to «reduce» uncertainty, by adjusting judicial practice, cannot be considered efficient with the preservation of an uncertain norm defective in its core (the criminalization of the act was made unreasonably).

scholarly journals Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

2021 ◽  
pp. 130-142
Author(s):  
Mariia Viktorovna Globa
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
The Supreme Court ◽  
The Russian Federation

The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.

FORMAL AND EVALUATIVE CHARACTERISTICS OF CRIMES COMMITTED IN THE SPHERE OF ECONOMIC ACTIVITY

2021 ◽  
pp. 86-97
Author(s):  
Yuri V. Truntsevsky ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
Special Part ◽  
The Russian Federation ◽  
Author Note

In the article, the author consider the theoretical positions on the rules for the qualification of crimes in the field of economic activity. The author consider the judicial practice in criminal cases and formulates conclusions about the characteristics of the elements (signs) of corpus delicti (see also – delicti) set out in the dispositions of articles of Chapter 22 of the Criminal code of the Russian Federation. One of the objectives of the article is to consider formal and informal elements as content (context) delicti. At the same time, the author note that the formality or informality of signs (context) delicti has no legal significance. This conclusion follows from the provision that all the signs described in the norm of the Special part of the Criminal code of the Russian Federa-tion are legally mandatory. It is important to differentiate between elements of crimes in order to qualify crimes, especially those committed in the sphere of economic activity. The author notes that the dispositions of articles of the Special part of the Criminal code of the Russian Federation can combine elements of blankness, descriptive and evaluative. The author notes the accessory nature of criminal law from positive (regulatory) legal regulations, and the absence of concentration of legal sources. The author emphasized that the norms of the Special part of Criminal law contain two parts. The first part contains a description of the object of the crime, which the offender attempt on. Such an object is represented in the form of a legal order established by the norms of regulatory legislation. The author considers the fact of attempt on this law and order as event (hypothesis) of criminal liability. Clarification of this hypothesis take place in the process of qualifying crimes (in the sphere of criminal law application). Together, these parts of the disposition of the criminal law norm form a common whole, which indicate the legislator's idea of a criminal law prohibition. The article emphasizes the intersectoral nature of the institution of formulating grounds for criminal liability for crimes in the sphere of economic activity. The author identifies the types of evaluation signs delicti of economic crimes: quantitative (size), qualitative (can not be measured by cost) and cumulative. The author comes to the conclusion that it is expedient to further study the concept, types and role of evaluative signs of crimes. The role of evaluation signs is stated in the formulation of criminal law prohibitions. The author makes the following conclusions for the readers' discussion: the formulation of signs of crimes in the sphere of economic activity is based on the blank dispositions of the corresponding articles; a separate type of such description of the disposition is administrative prejudice; this administrative prejudice relates the grounds for criminal liability of a person for the act with his previous administrative penalty; assessment signs of the crime is determined not only by the normative legal act, judicial practice, but also in the process of qualification of a crime is determined by the consciousness of a person when it examines the being of the case.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

scholarly journals Preceding a decision of the Constitutional Court

2021 ◽  
Vol 2 (12) ◽  
pp. 57-61
Author(s):  
A. N. ANTIPOV ◽  
◽  
YU. N. STROGOVICH ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Depth Study ◽  
Legal Position ◽  
The Russian Federation

From time to time in judicial practice situations arise when considering specific criminal cases the question is raised about the compliance of certain norms of the current legislation with the provisions of the Constitution of the Russian Federation. The legal position in such cases is formed by the Constitutional Court of the Russian Federation, which comprehensively examines the materials, referring (if necessary) for a comprehensive, in-depth study to the competent authorities and organizations and makes an appropriate decision on the presence (absence) of legal conflicts.

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.

About the Thefts Provided by item «g» of Part 3 of Article 158, Articles 1593, 1596 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 86-98
Author(s):  
E. V. Peysikova ◽  
◽  
Yu. I. Antonov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

The article is devoted to the analysis of judicial practice in cases of the thefts provided by item «g» of part 3 of article 158 and articles 1593 and 1596 of the Criminal Code of the Russian Federation. The article notes the challenges in applying these rules in practice; demonstrates their restrictive features with regards to the doctrine of Criminal law. The article is written for the purpose of uniform application of these norms in practice after entry into force of the Federal Law of 23 April 2018, № 111-FZ.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

7 International Treaties in Russian Judicial and Arbitral Practice

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
European Convention ◽  
International Treaties ◽  
Judicial Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Russian Constitution ◽  
The Russian Federation

This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.

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