IMPLEMENTATION PROBLEMS IN THE CRIMINAL LAW COUNTERACTION MECHANISM TO VIOLENT SEIZURE OF POWER

2020 ◽  
pp. 48-53
Author(s):  
Александр Анатольевич Кузнецов
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
State Power ◽  
Criminal Code ◽  
Constitutional Order ◽  
The Russian Federation ◽  
The Moment ◽  
Implementation Problems

В статье рассматриваются действующие нормы Уголовного кодекса Российской Федерации, непосредственно направленные на борьбу с насильственным (незаконным) захватом государственной власти, а также нормы, которые формируют механизмы противодействия терроризму и экстремизму. Отмечается, что признак насильственного захвата власти на данный момент, помимо ст. ст. 278 и 279 УК РФ, встречается в структуре ряда составов ст. ст. 205.1-205.4, 205.6, 275, 280, 280.1, 282.1-3 УК РФ. На основании действующего законодательства насильственный захват власти относится к проявлениям экстремизма и терроризма. Автором анализируется эффективность имеющегося набора средств уголовно-правовой охраны основ конституционного строя, делается вывод об отсутствии в действующем УК РФ такого механизма уголовно-правового противодействия насильственному захвату власти, который бы позволял эффективно бороться с этим крайне опасным явлением на всех стадиях (этапах) его детерминации вне зависимости от формы осуществления государственного переворота. Предлагается развитие механизма уголовно-правового противодействия насильственному захвату власти, состоящего из комплекса взаимосвязанных и взаимодополняющих уголовно-правовых запретов, с учетом разнообразия проявлений и характера совершаемых действий. The article examines the current norms of the Criminal Code of the Russian Federation, which are directly aimed at combating the violent (illegal) seizure of state power, as well as the norms that form the mechanisms for countering terrorism and extremism. It is noted that the sign of a violent seizure of power at the moment, in addition to articles 278 and 279 of the Criminal Code, is found in the structure of a number of compositions - art. 205.1-205.4, 205.6, 275, 280, 280.1, 282.1-3 Criminal Code of the Russian Federation. Based on current legislation, violent seizure of power is considered to be a manifestation of extremism and terrorism. The author analyzes the effectiveness of the existing set of tools of criminal law protection of the constitutional order, the conclusion about the absence in the current Criminal Code of the Russian Federation this mechanism of criminal legal counteraction to violent seizure of power, which would allow to effectively deal with this extremely dangerous phenomenon in all stages (stages) of its determination regardless of the form of the coup. It is proposed to develop a mechanism of criminal-legal counteraction to the forcible seizure of power, consisting of a set of interrelated and mutually complementary criminal-legal prohibitions, taking into account the variety of manifestations and the nature of the committed actions.

scholarly journals Calculation of the Amount of Damage Caused by Deliberate Bankruptcy (Article 196 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 1 ◽  
pp. 47-51
Author(s):  
Anna A. Korennaya ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Moment

The article discusses the issues of determining the amount of damage from premeditated bankruptcy in several aspects: 1) establishing the structure of damage 2) establishing the value 3) determination of the end of the crime by the moment of causing damage on a large scale. Based on the analysis of the doctrine of criminal law and the practice of applying Art. 196 of the Criminal Code of the Russian Federation, the author sets out his own conclusions, the use of which in law enforcement practice will minimize errors in the qualification of deliberate bankruptcies.

scholarly journals ABOUT SOME QUESTIONS OF QUALIFICATION OF PETTY THEFT COMMITTED BY A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT

2021 ◽  
Vol 15 (1) ◽  
pp. 41-46
Author(s):  
K. S. Neshchadimova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Property Crime ◽  
Criminal Code ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
The Moment ◽  
High Level ◽  
The Cost ◽  
Criminal Legislation

The article examines the problems of administrative prejudice in the criminal law on the example of the operation of regulations stipulated in the Article 1581 of the Criminal Code of the Russian Federation. A legal and technical analysis of the composition of petty theft of other peoples property, committed by a person subjected to administrative punishment. Some controversial issues of qualification of the analyzed criminal offense are considered. Attention is focused on the moment of the end of petty theft of other peoples property, committed by a person subjected to administrative punishment. The issue of necessity and expediency of increasing the cost threshold of petty theft of other peoples property is considered. The article also suggests other ways to improve the criminal legislation of Russia and the practice of its application, aimed at reducing the level of mercenary property crime in the country. It is shown that despite the fact that the appearance of Article 158.1 of the Criminal Code of the Russian Federation is connected with the introduction of administrative prejudice and, as a result, the criminalization of acts provided for by this Code, the latest law enforcement practice shows an insufficiently high level of effectiveness of this criminal law institution.

Delimitation of tax crimes from related compositions

2021 ◽  
pp. 729-740
Author(s):  
Emil E. Ismailov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Moment

At the moment, the fight against tax crimes is one of the most important areas of the criminal law policy of Russian Federation. In addition to tax crimes, other socially dangerous acts are also committed, which have some similarities with tax crimes. The problems of correlation of crimes in the field of taxation with other types of crimes are currently insufficiently developed. In this case, it can be problematic for the courts to correctly qualify these elements of crimes. One of the most pressing problems is the ratio of tax crimes and crimes as a result of which the taxpayer receives income, in particular, illegal entrepreneurship (Article 171 of the Criminal Code of the Russian Federation).The solution of all practical and theoretical problems in the field of the correct restriction of criminal law norms in the field of taxa-tion from related structures will help us to correctly qualify these acts. Based on the analysis of the current legislation, as well as a number of theoretical sources, we reveal that tax crimes in the Russian Federation are criminally punishable acts, the current Criminal Code of the Russian Federation refers to tax crimes articles 198, 199, 199.1, 199.2, 199.3, 199.4. The Criminal Code of the Russian Federation contains a number of norms describing crimes that are closely related to tax.

scholarly journals Doctrinal issues of criminal responsibility in Russian criminal law

2019 ◽  
pp. 128-135 ◽  
Author(s):  
E. N. Barkhatova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.

scholarly journals Problems of Establishing Malfeasance in Bankruptcy

2021 ◽  
Vol 16 (1) ◽  
pp. 120-127
Author(s):  
A. K. Subachev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Time Limits ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Moment ◽  
Objective Side ◽  
Legal Grounds

The elements of a crime provided for in Part 1, 2, Art. 195 of the Criminal Code of the Russian Federation include a crime situation as a feature of the objective side, i.e. the presence of signs of bankruptcy, the exact establishment of the moment of occurrence of which allows us to clearly determine the time limits of the criminal law prohibition in relation to acts under Part 1, 2 of Art. 195 of the Criminal Code of the Russian Federation. Meanwhile, the understanding of the situation of illegal actions in bankruptcy in special literature and judicial practice is based on a literal, and not substantive, understanding of the provisions of the legislation on insolvency, to which the dispositions of the above offenses are referred. In this regard, when classifying the offense under Part 1, 2, Art. 195 of the Criminal Code of the Russian Federation, criminologists propose to be guided in fact by procedural presumptions of insolvency and the grounds for initiating a case on the debtor’s insolvency. Current judicial practice follows the same path. The stated understanding is not only methodologically incorrect, but also significantly reduces the criminal law potential of the mentioned norms of criminal law by narrowing the scope of their action. In turn, the paper pays attention to the substantive and legal grounds for stating that the debtor has signs of bankruptcy, which should be taken into account when classifying the deed as illegal actions in bankruptcy. The authors formulates his own position on the question of determining the moment of the emergence of the situation of the investigated crimes.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

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