EXECUTION OF SOME TYPES OF ALTERNATIVES TO IMPRISONMENT WITH RESPECT TO JUVENAIL OFFENDER BY PENITENTIARY INSPECTION

2020 ◽  
pp. 133-139
Author(s):  
Людмила Владимировна Карханина
Keyword(s):  
Juvenile Offenders ◽  
Russian Federation ◽  
Criminal Policy ◽  
Educational Work ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Right ◽  
A Minor

В современных условиях расширяется практика применения судами наказаний, альтернативных лишению свободы, в отношении несовершеннолетних. Это объясняется гуманизацией уголовной политики Российской Федерации, что соответствует рекомендациям общепризнанных международных актов и стандартов в области обеспечения прав несовершеннолетних правонарушителей. Таким образом, возникает объективная необходимость в ограничении применения к несовершеннолетним реального лишения свободы. Это в свою очередь должно повлечь за собой существенное расширение мер, не связанных с изоляцией осужденного от общества. Уголовно-исполнительное законодательство Российской Федерации определяет, что большинство наказаний, альтернативных лишению свободы, исполняются уголовно-исполнительными инспекциями. В связи с этим автором предпринята попытка проанализировать некоторые проблемные вопросы, возникающие при исполнении отдельных видов наказаний, альтернативных лишению свободы, в отношении несовершеннолетних. В статье рассматриваются вопросы организации воспитательной работы с осужденными к лишению права заниматься определенной деятельностью, возможности расширения мер поощрения несовершеннолетних, осужденных к ограничению свободы, перспективы законодательного урегулирования ответственности осужденных за неявку в инспекцию для постановки на учет, а также отдельные аспекты законодательного регулирования злостного уклонения несовершеннолетнего от отбывания наказания. In modern conditions, the practice of applying punishments alternative to imprisonment for minorities is expanding. This is due to the humanization of the criminal policy of the Russian Federation, which is consistent with the recommendations of generally recognized international acts and standards in the field of ensuring the rights of juvenile offenders. Thus, there is an objective need in limiting the use of real deprivation of liberty to minors. This, in turn, should entail a significant expansion of measures not related to the isolation of the convict from society. The penal legislation of the Russian Federation determines that the majority of punishments, alternative to imprisonment, are executed by criminal-executive inspections. In this regard, the author has attempted to analyze some of the problematic issues that arise during the execution of certain types of punishment, alternative to imprisonment for minors. The article deals with the organization of educational work with those sentenced to deprivation of the right to engage in certain activities; the possibility of expanding incentives for minors sentenced to restriction of liberty; the prospects of legislative regulation of the responsibility of convicts for failure to appear in the inspection for registration; At the same time, certain aspects of the legislative regulation of the malicious evasion of a minor from serving a sentence are considered.

scholarly journals Some challenges in legal regulation of the minor patients rights and freedoms

2015 ◽  
Vol 96 (6) ◽  
pp. 1054-1057
Author(s):  
G M Khamitova
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Care Delivery ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Patients Rights ◽  
National Medical ◽  
The Russian Federation ◽  
The Right ◽  
A Minor

The problem of securing and protecting the citizens rights for the medical care delivery in the existing legislation is one of the most relevant in the modern Russian law. In domestic legislation the right to health and medical care is primarily enshrined in the Constitution of the Russian Federation. For example, the article 41 establishes the right to get free medical care in accordance with the state guarantees program of free medical care delivery to citizens, and to receive paid medical and other services. However, there are some peculiarities and problems of these rights implementation in minor patients. This article is devoted to the analysis of this problem certain aspects. In particular, it raises questions on the patient’s right to get information about his/her health status, enshrined in the Fundamentals (article 19) and the Law of the Russian Federation «On Protection of Consumers’ Rights of 07.02.1992». Quite controversial is the situation when the legal representatives of a minor under the age of 15 years strongly refuse medical intervention and hospital insists on it. Considering the features of the right ofminors to confidentiality, it should be noted that providing the information constituting patient’s confidentiality to legal representatives is not stipulated by the national medical legislation standards in case of minors over 15 years old. However, it should be taken into account that in case of harm infliction to a minor or unlawful interference with the minor’s health, the latters not having full legal capacity, are not able to protect themselves. Also in the current legislation in the field of donation and transplantation the problem of the minors lifetime donation regulation remains unsolved. In summary, it should be noted that, despite the relative development of the legislation on the minor patients rights, in reality unusual situations that create psychological, moral and ethical problems for doctors occur quite often.

scholarly journals PROBLEMS OF IMPOSITION OF CRIMINAL PUNISHMENT ALTERNATIVE TO IMPRISONMENT

2018 ◽  
Vol 2 (2) ◽  
pp. 80-89
Author(s):  
Tatiana Viktorovna Nepomnyashchaya
Keyword(s):  
Russian Federation ◽  
Electronic Monitoring ◽  
Criminal Code ◽  
Forced Labor ◽  
Professional Activities ◽  
Legislative Regulation ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
The Right ◽  
High Degree

The subject. The article is devoted to problems of appointment some criminal punishments alternative to the deprivation of liberty by courts in Russian Federation. The author gives an answer to the question, why punishments not related to imprisonment in the Russian Federation, especially deprivation of the right to occupy certain positions or engage in cer-tain activities, corrective labor, restriction of freedom, forced labor, are rarely appointed by courts, and the most common alternative punishments are only fine and mandatory work.Methodology. Author uses such researching methods as analysis and synthesis, formally legal, comparative legal.Results. The author proposes some concrete measures, aimed at expanding the practice of appointment some criminal punishments alternative to the deprivation of liberty.It is necessary to reduce the size of the fine established in the Criminal Code of the Russian Federation. It is necessary to establish a penalty in the sanction of norms on crimes of small and medium gravity, committed for mercenary motives and connected with causing mate-rial damage.In order of more effective serving of punishments in the form of compulsory and corrective works, it is necessary to interest employers, it can be expressed in granting tax credit ben-efits. The searching of specific facilities for serving corrective labor should be assigned to employment centers.It seems expedient to introduce deprivation of the right to occupy certain positions or en-gage in certain activities as the main type of punishment to all sanctions of the norms about the responsibility for crimes of small or medium gravity related to the professional activities of the person. It is necessary to eliminate gaps in the legislative regulation of punishment in the form of restricted liberty and to solve the problem of electronic monitoring of convicts using elec-tronic bracelets.Conclusions. The punishment in the form of deprivation of liberty should be appointed by courts only in cases, when the crime is highly dangerous, the identity of the criminal is also characterized by a high degree of public danger. Serious changes are also needed in the legislative regulation of sentences not related to deprivation of liberty, and a number of other organizational measures aimed at expanding the practice of applying these punish-ments.

The right to receive qualified legal aid: who helps and who is helped, the basic content of the right and its development

2021 ◽  
pp. 90
Author(s):  
Petr A. Skoblikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Policy ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Russian Federation ◽  
The Moment ◽  
The Right ◽  
To Receive ◽  
Basic Content

The Constitution of the Russian Federation guarantees each the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided free of charge. Every person detained, taken into custody, accused of committing a crime has the right to be assisted by a counsel (a lawyer) from the moment of detention, arrest or indictment, respectively. The article indicates the subjects of providing and receiving qualified legal assistance, reveals the content of the above constitutional provisions, shows how and to what extent they are implemented in the current legislation, what problems arise in the course of law enforcement, and what legal positions are taken by the Constitutional Court of the Russian Federation. At the same time, the author outlines the vectors of improving legal policy, including criminal policy, and also justifies socio-legal and other measures to ensure that the structure of society and the state more fully and accurately comply with the specified provisions of the Constitution of the Russian Federation.

Tax Responsibility of Banks for Non-Execution of Tax Authorities’ Decisions: Legislative Regulation and Law Enforcement Practice

2020 ◽  
Vol 10 (2) ◽  
pp. 461
Author(s):  
Ekaterina Alexandrovna BOCHKAREVA ◽  
Svetlana Valerievna KOZHUSHKO ◽  
Kamil Shamilievich KHAMIDULLIN ◽  
Ekaterina Alexandrovna FARIKOVA
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Research Issue ◽  
Legislative Regulation ◽  
Integrated Interpretation ◽  
The Russian Federation ◽  
The Right ◽  
Improvement Of Legislation

The research issue is to identify the shortcomings of legal management of tax responsibility of banks in case of their non-execution of tax authorities’ decisions, as well as to define the possible directions of improvement of legislation and law enforcement practice in this sphere. The aims and objectives of the research are as follows: (1) to analyze the provisions of Article 134 and Article 135 of the Tax Code of the Russian Federation, which establish the responsibility of banking organizations as participants of the fiscal relations and to analyze the application of provisions of these articles by judicial and tax authorities; (2) to identify the problems of bringing to responsibility credit banking organizations for their non-execution of tax authorities’ decisions; (3) to develop recommendations for improvement of legal regulation. The methods of the research include analysis, analogy, legalistic method and integrated interpretation. The results of the research are as follows. It has been justified that the sum of debt of a taxpayer, established to bring banks to legal responsibility under Article 134 of the Tax Code of the Russian Federation, shall not include the sums of fines and penalties, as the bank is not a real participant of legal relations ‘tax authority – taxpayer’ and is deprived of the right to appeal the sum, which serves as the basis for establishing the sum of fine.  

Criteria for distinguishing vandalism from a minor act

2021 ◽  
pp. 486-499
Author(s):  
Yuri D. Nalimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Points Of View ◽  
The Right ◽  
A Minor ◽  
Dialectical Analysis

When qualifying vandalism, law enforcement officers often experience difficulties in distinguishing a criminal act from a minor one, which formally contains signs of a crime, but does not pose a public danger. Due to the evaluation of the signs of both vandalism and the insignificance of the act, there is a high probability of qualification errors in which insignificant acts are recognized as criminal, or on the contrary, the actions of persons who committed vandalism are recognized as unapproachable. To date, there is no single doctrinal opinion defining the criteria of insignificance, a similar situation is observed in judicial and investigative practice. For these reasons, the topic is relevant and requires a comprehensive analysis. The purpose of the study is to consider the points of view of researchers of interest to the science of criminal law and law enforcement officers. The tasks are to establish rules for the qualification of criminal and insignificant vandalism, which contribute to the adoption of the right decision by law enforcement subjects, to make scientifically based proposals for the application of Article 14, Part 2 of the Criminal Code of the Russian Federation, in relation to acts that formally fall under the signs of a crime under Article 214 of the Criminal Code of the Russian Federation. During the research, the following methods are used: dialectical, analysis, synthesis and sociological. As a result of the analysis, the most common mistakes made by the law enforcement officer are identified, the points of view of scientists on the qualification of vandalism are considered. Signs of insignificance were also investigated, taking into account practical and doctrinal positions. As conclusions, the signs of insignificance are proposed, which are subject to establishment by law enforcement agencies, in order to correctly qualify vandal actions.

scholarly journals Procedural Enforcement Measures Consisting in the Isolation of a Minor Suspect and Defendants: Implementation of International Standards in Russian Law

2020 ◽  
pp. 58-62
Author(s):  
Kirill V. Muraviev ◽  
Keyword(s):  
Juvenile Offenders ◽  
Russian Federation ◽  
Criminal Procedure ◽  
International Standards ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Russian Law ◽  
A Minor

Russian legislation reflects international standards for the use of coercive measures of isolation of juvenile offenders as a last resort and for the shortest possible time. However, the RF Code of Criminal Procedure does not define a closed list of exceptional circumstances to regulate the conditions for detention of juvenile suspects and accused. Neither does it define the exceptions and other conditions for the detention of adolescents in comparison with the rules for the detention of adult offenders. Further improvement of the RF Criminal Procedure Code and correction of the clarifications of the Plenum of the Supreme Court of the Russian Federation are required to reinforce the guarantees of the rights of underage participants in criminal proceedings.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

Sign in / Sign up

Export Citation Format

Share Document