К ВОПРОСУ О КОМПЛЕКСНОЙ СТРАТЕГИИ ПРОТИВОДЕЙСТВИЯ КОРРУПЦИИ В УГОЛОВНО-ИСПОЛНИТЕЛЬНОЙ СИСТЕМЕ РОССИИ

2020 ◽  
Author(s):  
Sergey Sivtsov
Keyword(s):  
Legal Aspect ◽  
Criminal Code ◽  
Point Of View ◽  
Penal System ◽  
Comprehensive Strategy ◽  
Economic Relations ◽  
Legal Norms ◽  
Political Risks ◽  
The Russian Federation ◽  
Correction System

В статье анализируются проблемные вопросы распространения коррупционных проявлений в уголовно-исполнительной системе России. В работе выражена мысль о необходимости комплексного исследования проблем коррупции (с социологической, экономической, политической и правовой точек зрения). Комплексная стратегия противодействия коррупции в уголовно-исполнительной системе должна заключать в себе: изучение коррупции как негативного социального явления, изучение коррупции в рамках экономических отношений социума, изучение политических рисков в рамках функционирования государственных органов в процессе своего взаимодействия, изучение правовых норм, запрещающих и ограничивающих коррупционные проявления в рамках законодательного регулирования разных уровней, а также формирование нетерпимого отношения общества к коррупционному поведению. Рассматривается коррупционные преступления в уголовно-исполнительной системе, приводятся примеры совершения сотрудниками УИС должностных преступлений. Коррупция с уголовно-правовой точки зрения определяется через преступления коррупционной направленности, наказания за которые закреплены в Уголовном кодексе РФ. Анализируются нормативные правовые акты, регламентирующие антикоррупционные механизмы. Выделяются пути решения коррупционной проблематики в стране в целом и в уголовно-исполнительной системе в частности.The article analyses problematic issues of the spread of corruption manifestations in the penal system of Russia. The paper suggested the need for a comprehensive study of corruption from different perspectives (sociological, economic, political and legal). The comprehensive strategy against corruption in the penal system should include: Study of corruption as a negative social phenomenon, study of corruption within the framework of economic relations of society, study of political risks within the framework of the functioning of state bodies in the process of their interaction, study of legal norms prohibiting and limiting corruption manifestations within the framework of legislative regulation at different levels, as well as formation of intolerance of society towards corruption behavior. Corruption offences are considered in the penal correction system, examples of the commission of official crimes by officials of the Penitentiary Service are given. Corruption is defined from a criminal legal point of view through corruption-related offences, the penalties for which are enshrined in the Criminal Code of the Russian Federation. Normative legal acts regulating anti-corruption mechanisms are analyzed. Ways of solving corruption issues are identified, both in general and in the penal correction system in particular. The work deals with the official crimes of employees of the penal correction system in the criminal legal aspect of anti-corruption activities.

LEGAL, MORAL AND ETHICAL SIDE OF THE OFFENSE, DISCREDITING HONOR EMPLOYEE THE PENAL SYSTEM

2020 ◽  
Vol 10 (2) ◽  
pp. 213-218
Author(s):  
OKSANA KOCHKINA ◽  
◽  
OLGA MARCHUK ◽  
Keyword(s):  
Point Of View ◽  
Professional Activity ◽  
Penal System ◽  
Moral Norms ◽  
Ethical Aspects ◽  
Self Assessment ◽  
Personal Qualities ◽  
Executive System ◽  
Correction System

The article examines the legal and moral and ethical aspects of a misdemeanor that discredits the honor of an employee of the criminal Executive system. The considered reason for dismissal has the main feature associated with the integration of legal and moral norms, which often raises a lot of questions about the attribution of a particular offense to this basis. Using the analysis of normative legal acts, the authors attempt to identify the signs that contribute to the separation of the studied grounds for dismissal from all their diversity. The classification of offenses that discredit the honor of an employee of the criminal Executive system is presented, which allows to systematize and organize the knowledge obtained about the considered grounds for dismissal. The analysis of a misdemeanor that defames the honor of an employee of the penal system from a moral and ethical position gives an understanding, first of all, that it does not have a clear regulation from the point of view of the law, but the consequences of committing such a misdemeanor are clearly legal. The concepts of “honor” and “dignity” are considered as ethical categories and are analyzed as personal qualities that are manifested in an employee of the penal correction system during the period of service. These categories in the behavior of a person or employee are manifested both externally (assessment from the outside) and internally (self-assessment). The article describes the value orientation of an employee of the criminal Executive system to ethical standards in professional activity, which is an integral part of the moral and ethical side of a misdemeanor that discredits the honor of an employee.

scholarly journals The President and Local Government in Russia: The Theory and Practice of Interaction

2020 ◽  
Vol 15 (12) ◽  
pp. 41-47
Author(s):  
A. M. Budaev
Keyword(s):  
Legal Framework ◽  
Point Of View ◽  
Theory And Practice ◽  
Equal Opportunities ◽  
Economic Relations ◽  
Democratic State ◽  
Head Of State ◽  
The Russian Federation ◽  
Basic Characteristics ◽  
Russian Model

Since the adoption of the current Constitution of Russia that established the constitutional foundations of the implementation of state power and local self-government in the Russian Federation, more than 25 have passed. This period was saturated from the point of view of the formation of the legal framework of socio-political and socio-economic relations in our country. The analysis shows that local self-government is one of the basic characteristics of the Russian model of democracy. On the other hand, in recent years it is impossible not to mention the tendency to increase the efforts of federal authorities, and first of all the head of state, to maximize the involvement of local authorities of self-government in a unified political and legal field of the State. This is largely justified by the need to provide every resident of the country with equal opportunities for a comfortable and safe life. The paper formulates the author’s view concerning the changes that are taking place; and at the same time, it is proposed to continue scientific discussions regarding the development of local self-government—an institution of a modern civilized democratic state that is necessary for us all.

scholarly journals Theoretical analysis of legislative definition of the regime in correctional institutions: problems and ways to solve them

2021 ◽  
Vol 7 (1) ◽  
pp. 70-75
Author(s):  
V. E. Juzhanin ◽  
D. V. Gorban'
Keyword(s):  
Theoretical Model ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Penal System ◽  
Correctional Institutions ◽  
Scientific Thought ◽  
General Part ◽  
The Russian Federation ◽  
Definition Of

The article provides a theoretical analysis of Part 1 of Article 82 of the Criminal Code of the Russian Federation, which defines the regime in correctional institutions of the Russian penal system. It is noted that this definition does not correspond to the achievements of modern penitentiary scientific thought about the regime. In particular, it is emphasized that the regime cannot provide conditions for serving a sentence, since it includes these conditions. Also, the regime cannot ensure the protection of convicts, supervision over them and separate maintenance of different categories of convicts, since, on the contrary, the latter are the means of ensuring the regime. According to the authors of the article, the legislator incorrectly uses the phrase regime of detention of convicts, meaning regime of serving a sentence, since they are different legal phenomena. It is noted that the most optimal definition of the regime is presented in the theoretical model of the general part of the new Criminal Code of the Russian Federation, prepared by a group of authors, but the authors also subjected this definition to some adjustments.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

SYSTEM OF THE GENERAL PART OF THE CRIMINAL CODEOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 62-70
Author(s):  
E. V. Shchelkonogova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Systematic Approach ◽  
Criminal Code ◽  
Point Of View ◽  
Historical Aspect ◽  
Meaningful Relationship ◽  
Special Part ◽  
General Part ◽  
The Russian Federation

The article examines the General part of the Criminal Code. It is considered from the point of view of a systematic approach, questions are raised about the meaningful relationship between the norms of the General Part and the Special Part of the Criminal Code of the Russian Federation. The historical aspect of the formation of the current structure of the Code is given, and the question of whether the General and Special parts of the Criminal Code of the Russian Federation are identical parts or not. The sections of the General Part are analyzed in order to identify their functional load and significance for law enforcement.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals ILLEGAL TURNOVER OF OFFICIAL DOCUMENTS: CRIMINAL LEGAL ASPECT

2019 ◽  
Vol 29 (6) ◽  
pp. 892-898
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Official Document ◽  
The Russian Federation ◽  
Subjective Side ◽  
Made In

The article discusses the issues of criminal liability for encroachments on the procedure of official document circulation. The concept and features of a document and an official document as subjects of criminal law protection are analyzed in detail. Criteria are proposed for distinguishing between a document and an official document, as well as the classification of documents. Particular attention is paid to the analysis of amendments to Article 327 of the Criminal Code of the Russian Federation, made in the summer of 2019, which provide for responsibility for the falsification, production or circulation of fake documents, state awards, stamps, seals or letterheads. The article examines in detail the objective features of the elements of crimes encroaching on official documents, which include the acquisition, sale, stealing, destruction, damage, concealment, as well as forgery of official documents, the sale of fake official documents and their use. The issues of the subjective side of these crimes are considered. The article also focuses on the problems of delimiting the use of obviously fake official documents, the responsibility for which is provided for in paragraph 4 of Article 327 of the Criminal Code of the Russian Federation from crimes, where the use of fake documents acts as a means of committing a crime, such as fraud, illegal obtaining a loan, etc. Suggestions are made on the appropriateness amending a number of articles of the Criminal Code of the Russian Federation, providing for liability for encroachment on official documents.

scholarly journals ON THE LEGISLATIVE CONSTRUCTION OF TERRORIST CRIMES IN THE SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF ARTICLES 205–205.6 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 6 (3) ◽  
pp. 46-52
Author(s):  
D. V. Golenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Current Practice ◽  
Criminal Code ◽  
Point Of View ◽  
Current Trends ◽  
Special Part ◽  
The Russian Federation

The article discusses current trends characteristic of the Russian criminal law and the practice of its application in the fi eld of combating terrorism. The acts provided for in Chapter 24 of the Criminal Code of the Russian Federation (Articles 205205.6 of the Criminal Code of the Russian Federation) are analyzed in detail from the point of view of the location of the legislative material, as well as the structures of the elements of the crimes. Special attention is paid to the structure of Articles 205205.6 of the Criminal Code of the Russian Federation (dispositions, sanctions, notes). The types of structures of terrorist crimes at the time of completion are considered. The article analyzes the current practice of applying this Articles of the Criminal Code of the Russian Federation, as well as offi cially published judicial statistics. The study allowed us to identify existing contradictions within the criminal law and formulate some recommendations for improving legislation in the field of combating terrorism.

scholarly journals Problems of interpretation the norms of General part of the Criminal Code of the Russian Federation

2019 ◽  
Vol 13 (2) ◽  
pp. 193-200
Author(s):  
M. P. Рronina ◽  
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Court ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Provisions ◽  
General Part ◽  
The Russian Federation

The article is devoted to one of the current areas of legal science related to the problems of interpretation the norms of General Part of the Criminal Code of the Russian Federation. The interpretation of legal norms is the activity of state bodies, non-governmental organizations and individuals to clarify and explain the meaning of legal norms embedded by the legislator in them and the actual content of the legal provisions (regulations, definitions) contained in them in order to implement them correctly and improve the effectiveness of legal regulation public relations. The interpretation of legal norms is a complex volitional process aimed at establishing the exact meaning of the rule of law. This process consists of two elements: 1) the interpreter (interpreter) clarifies the content of the legal norm for himself; 2) then in order to establish its equal understanding and application it clarifies the meaning of the legal prescription to all interested parties. The first part of this activity – clarification – characterizes the epistemological nature of interpretation aimed at the knowledge of law. Understanding acts as a thought process taking place in the mind of the subject applying the rule of law. The explanation is the second part of a unified process of interpretation the law addressed to other parties to a relationship. It is carried out by the competent authorities and persons in order to eliminate ambiguities in understanding the content of the norm and thus ensure its correct application to the circumstances for which it is aimed. Subjects of interpretation may be public authorities, officials, organizations, enterprises, institutions, individuals. The objects of interpretation are laws and regulations. Legal interpretation is an activity that from a practical point of view is connected with the completion of the regulation of life relations by law. Legal norms as a result of interpretation become ready for implementation, practical implementation. The presented scientific article examines the interpretations given by the highest judicial instance, which showed that in some cases they contain contradictions that violate the legal and technical rules. Examples of the interpretation of criminal court decisions of the Plenum of the Supreme Court of the Russian Federation are given, and author’s editions are proposed.

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