COMBATING CORRUPTION IN THE HISTORY OF RUSSIAN CRIMINAL LAW

2021 ◽  
pp. 24-28
Author(s):  
Марина Михайловна Василенко
Keyword(s):  
Criminal Law ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
History Of ◽  
The Rich ◽  
Characteristic Features ◽  
Criminal Legislation ◽  
First Time ◽  
Domestic Law

В статье обосновывается актуальность проведенного исследования в области противодействия коррупции; анализируются правовые нормы, предусматривающие ответственность за деяния, имеющие коррупционную составляющую, в памятниках феодального отечественного права, нормативных актах периодов образования централизованного государства Руси и времен сословно-представительной монархии, эпохи становления и развития абсолютизма в нашем государстве. Особое внимание уделено исследованию такого исторического документа, как Уложение о наказаниях уголовных и исправительных, в котором впервые значительно детализированы нормы, предусматривающие ответственность за должностные преступления. Кроме того, изучены и меры противодействия коррупции, отраженные в уголовном законодательстве советского периода. Применение историко-правового метода позволяет выделить наиболее характерные черты коррупционных проявлений и применяемые за них виды наказаний на различных исторических этапах развития отечественного уголовного законодательства, проанализировать продуктивность применения данного правового инструмента в части борьбы с коррупционными правонарушениями. При этом автором делаются выводы о недостаточной эффективности современного уголовного законодательства в вопросе борьбы с должностными преступлениями и необходимости учета богатого опыта отечественного уголовного законодательства в сфере противодействия такому негативному феномену, как коррупция. На основании метода обобщения автором предлагаются конкретные меры, направленные на совершенствование уголовного законодательства в сфере противодействия коррупции. The article establishes the relevance of the conducted research in the field of combating corruption; analysis of legal norms providing for liability for acts that have a corruption component, in the monuments of feudal domestic law, regulations of the periods of formation of the centralized state of Russia and the era of estate-representative monarchy, epoch of formation and development of absolutism in our state. Special attention is paid to the study of such historical document as the Code of Criminal and Correctional Punishments, which for the first time significantly details the norms providing for responsibility for official crimes. In addition, the anti-corruption measures reflected in the criminal legislation of the Soviet period. The use of the historical-legal method to highlight the most characteristic features of corruption and use them for the types of punishment in different historical stages of development of the domestic criminal law, to analyze the productivity of application of this legal instrument in fighting corruption. At the same time, the author draws conclusions about the insufficient effectiveness of modern criminal legislation in the fight against official crimes, and the need to take into account the rich experience of domestic criminal legislation in the field of countering such a negative phenomenon as corruption. Based on the method of generalization, the author suggests specific measures aimed at improving the criminal legislation in the field of combating corruption.

scholarly journals Stages of crime in the history of criminal Law Ukraine

1970 ◽  
pp. 333-336
Author(s):  
Yevhenii Viblyi
Keyword(s):  
Criminal Law ◽  
Historical Context ◽  
Legal Regulation ◽  
Soviet Period ◽  
Controversial Issues ◽  
Legal Norms ◽  
History Of ◽  
Law And Legislation ◽  
Two Stages ◽  
Criminal Legislation

The article attempts to analyze the stages of the crime in the history of Ukraine criminal legislation. The points of view of individual authors on the issue under study are given, as well as the author's own vision of the problem is shown. The study of the development of criminal law and legislation makes it possible to warn against new errors in the application of legal norms. The accumulated historical experience is important for modern researchers, legislators and practicing lawyers to take into account. That is why the controversial issues about the stage of the crime, which require further study and finding the best solutions are relevant in the historical context. Based on the insufficiency of the chosen topic, the purpose of the article is to determine the formation and historical development of the regulation of the institution of the stages of committing a crime. Having investigated the development of the Institute of stages of committing a crime, it is possible to identify the stages of its formation. The first stage is the period of the birth of this institution in the text of the "Russian Truth" and its further development up to the time of the Sudebnik of 1497 and 1550 years In literature there is no direct fastening of the stages of Commission of crime, however these rules, which allow a conditionally divided into two stages: attempted and completed crime. The second stage begins with the adoption of the Cathedral Code of 1649. At this stage, the legislator identifies three stages of committing a crime-intent, attempt, completed crime. The Cathedral Code of 1649 distinguishes punishments depending on the stage of the crime. The third stage is the period of validity Of the article of Military 1715. the Legislator distinguishes two stages-attempt and the finished crime, thus punishment for this or that stage practically do not differ, that is attempt at a crime was punished as a crime. The fourth stage covers the period from the adoption of the Code of 1845 to the first decrees of the Soviet power, relating to 1918. There is a clear legislative regulation of all stages of the crime; there are new-previously unknown stages; punishment is differentiated depending on the stage of the crime. In the Soviet period, the Institute continued its development, namely: there are new stages of committing a crime, there is a significant clarification of the signs of a particular stage. This period was characterized by increased repression, but it was during the Soviet period that the legal regulation of the institution of unfinished crime underwent significant development. Legal regulation of responsibility for an unfinished crime has passed a significant way of development. The development of the studied Institute changed taking into account the social structure in the state. A separate stage in the development of legislation on liability for an unfinished crime should be considered the Soviet era.

THE HISTORY OF THE DEVELOPMENT OF LEGISLATION ON LIABILITY FOR FRAUD IN RUSSIA

2021 ◽  
pp. 12-20
Author(s):  
Andrey V. Arkhipov ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Russian Empire ◽  
Soviet Period ◽  
History Of ◽  
The Russian Federation ◽  
The Russian Empire ◽  
First Time

The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.

Evolution of Scientific Ideas on Responsibility for Aiding and Abetting a Crime

2020 ◽  
Vol 17 (4) ◽  
pp. 86-96
Author(s):  
Sergey S. Nekoz
Keyword(s):  
Criminal Law ◽  
Modern Science ◽  
Theory And Practice ◽  
Soviet Period ◽  
Gradual Transition ◽  
Legal Analysis ◽  
Legal Structure ◽  
Legal Method ◽  
History Of ◽  
Scientific Ideas

Introduction. The study of the history of complicity is often carried out outside the context of the general history of criminal law, in this connection, one can find a very arbitrary approach to solving the question of the periodization of the normative history of complicity, which clearly does not contribute to the formation of general and correct ideas about the development of the corresponding criminal legal structure. The history of criminal law provisions on liability for complicity in the commission of a crime makes it possible to better understand the current state of this criminal law institution. In modern science, a typical method of analysis is to study only legal monuments that to some extent reflect the normative ideas about complicity in various historical epochs. In this case, neither available sources from judicial practice nor the provisions of criminal law doctrine are taken into account. This approach to the organization of research is not only incomplete, but also significantly distorts the very principle of historical and legal analysis. Purpose. The purpose of the study is to provide a comprehensive analysis of the evolution of scientific concepts of responsibility for aiding and abetting a crime, which will prevent an arbitrary approach to the issue of periodization of the normative history of aiding and abetting. Methodology. Various general scientific and special methods of cognition were used in this study. At the same time, the historical and legal method became the key one. Results. The study of the main models of criminal law assessment of complicity allows us to make important clarifications and additions to the existing scientific understanding of the genesis of this criminal law structure. First, it allows us to challenge the very categorical ideas formulated in science about the history of complicity, as a gradual transition from “less perfect” and “incorrect” legislative formulations to “more perfect” and “correct” ones. Second, the study calls into question the thesis about the linear development of criminal law science and practice in terms of assessing complicity in the “Soviet” and “pre-Soviet” period, that the development of complicity in the Soviet era followed the path developed by pre-revolutionary theory and practice. Third, the study proves that at all stages of the development of criminal law, the theoretical and normative understanding of complicity assumed the presence of at least two opposite models. Each alternative model assumed, due to the system properties of criminal law, a specific construction of other criminal legal institutions and norms (involvement, forms of complicity, crimes against public safety, stages of crime, rules for sentencing, etc.). Conclusion. The study of the main models of criminal-legal assessment of complicity presented in the history of domestic legislation and legal doctrine allows us to make important clarifications and additions to the existing scientific ideas about the genesis of this criminal-legal structure.

scholarly journals Prishvin and Stalin: Artistic Image of the Leader in Writer’s Work

2021 ◽  
pp. 254-270
Author(s):  
A. M. Podoksenov ◽  
V. A. Telkova
Keyword(s):  
Foreign Affairs ◽  
Soviet Period ◽  
Soviet Society ◽  
The Novel ◽  
History Of ◽  
The Subject ◽  
Characteristic Features ◽  
Artistic Image ◽  
First Time ◽  
Personal Assessment

The relevance of the study is due to the fact that the subject of the article is the question of who was the real prototype of the Chekist Sutulov in Prishvin’s novel “Tsar’s road”, which has not yet been considered in the history of foreign affairs. It is shown that in Russian literature it is difficult to find master of the pen, whose work would be to the same extent conditioned by the influence of the ideological and political context. The novelty of the research lies in the fact that for the first time an attempt was made to show how, through the artistic image of the Chekist Sutulov, one of the main characters of the novel “Tsar’s Road”, Prishvin seeks to reflect the ideo-logical and political attitudes, characteristic features of behavior, style of thinking and speech of Stalin. Particular attention is paid to the analysis of the 18-volume “Diary” of the writer, which was not previously published due to censorship restrictions, which became available to the reader only in the post-Soviet period. It is shown that, through the artistic image of Sutulov, Prishvin gives his personal assessment of Stalin’s role in the development of the state, striving to artistically faithfully and truthfully reflect the characteristic features of that atmosphere of economic, political and spiritual super-tension in which Soviet society lived in the 1930s on the eve of the Great Patriotic War.

scholarly journals HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF UKRAINIAN LEGISLATION ON CRIMINAL LIABILITY FOR INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING-RESIDENTIAL HOUSING

2020 ◽  
pp. 61-70
Author(s):  
Н. О. Сербіна
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Residential Housing ◽  
Stage Of Development ◽  
Communal Property ◽  
History Of ◽  
Characteristic Features ◽  
Criminal Legislation

The relevance of the article is that the history of the development of legal protection of housing and communal services cannot be separated from the history of legal protection of the institution of communal property in Ukraine as a whole. However, it still remains insufficiently studied. In the scientific literature there are only a few mentions of legal protection or property in general, which after 1990 was legally called communal and in the most characteristic features resembles this form of ownership, is its historical predecessor. Analysis of the most important sources of criminal law in Ukraine, which existed at one or another historical stage of its development, shows that at all times the state has consistently paid attention to the protection of communal property. The level of protection of these relations could be different, depending on the socio-economic, political and other conditions of society, but in this case the task of protecting communal property was performed by criminal law. Ensuring the inviolability of housing and communal services was carried out by criminal law, primarily by establishing liability for various encroachments on them as part of the institution of communal property. It was found that the criminal legislation of the second half of the XIX - early XX centuries. had a systematized nature, formed a system of rules on crimes related to the destruction and damage of housing and communal services, which has an extensive nature. The encroachment was differentiated according to the object, the features of the object and a number of other circumstances. It is determined that the current stage of development of criminal liability for destruction or damage to housing and communal services is associated with the adoption in 2001 of the new Criminal Code of Ukraine. It is concluded that initially the intentional destruction or damage of housing and communal services was treated in criminal law as a component of intentional destruction or damage to property, but later this phenomenon evolved into a separate crime. There is also an increase in the content of criminally punishable methods of intentional destruction or damage to housing and communal services.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

From the bureau of forced labor to the criminal-executive inspections

2019 ◽  
pp. 149-156
Author(s):  
Ольга Васильевна Коростылёва
Keyword(s):  
Criminal Law ◽  
Electronic Monitoring ◽  
Criminal Liability ◽  
100Th Anniversary ◽  
October Revolution ◽  
Forced Labor ◽  
History Of ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Character

В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.

Ivan Kavaleridze`s dramaturgy on the Sumy stage

2021 ◽  
Author(s):  
D.V. Budianskyi
Keyword(s):  
Large Scale ◽  
Musical Comedy ◽  
Historical Figures ◽  
Wide Range ◽  
Socialist Realist ◽  
History Of ◽  
Characteristic Features ◽  
Old Men ◽  
The Impact ◽  
First Time

The characteristic features of I. Kavaleridze’s drama is considered in the article. It is noted that there are signs of the artist’s individuality, attraction to expressionist forms, artistic techniques characteristic for the art of sculpture: symbolism, monumentality, hyperbole. I. Kavaleridze was well versed in the drama laws, understood the specifics of the stage events construction, had a large arsenal of literary means, thanks to which the characters’ monologues and dialogues were extremely expressive and colorful. In his work, he implemented original solutions that were ahead of time. Therefore, many of the artist’s ideas and achievements received due recognition only after his death. I. Kavaleridze’s creative heritage covers a wide range of both purely artistic and general philosophical problems. Among them the formation of the era of modernism and its features in the Ukrainian art of the early XX century, the impact of revolutionary ideas on the work of the 1920s, the role of spiritual leaders of the Ukrainian people T. Shevchenko and G. Skovoroda in the formation of national consciousness, political and ideological pressure on figurative art language and the formation of a socialist-realist canon, etc. The analysis of the productions of I. Kavalerizde’s plays “The First Furrow” and “Gregory and Paraskeva” on the stage of the Mykhailo Shchepkin Sumy Theater of Drama and Musical Comedy in 1970-1972. The article notes that these plays were staged in Sumy for the first time in the history of Ukrainian theater. The premiere of “The First Furrow” (the play was called “Old Men”) took place on March 19, 1970. The figure of the national genius Hryhoriy Skov oroda was als o embodied for the first time on t he stage in Sumy in th e play “Hryhoriy and Paraskeva”. It premiered on October 21, 1972. I. Rybchynsky, Honored Artist of the USSR, performed the production. Creating generalized historical outlines of people’s life, features of life at that time, depicting psychological portraits of people in various, sometimes-dramatic collisions, in the productions of I. Kavaleridze’s plays on the Sumy stage the emphasis was on universal values such as virtue, love. The main character was the Ukrainian people, who nurtured such large-scale historical figures, gave them strength and wisdom for great achievements. Based on publications in periodicals of that time, memoirs of Ukrainian directors, the peculiarities of the director’s interpretation, stenographic and musical design of these plays on the Sumy stage are considered. Considerable attention is paid to the analysis of acting works in I. Kavaleridze’s plays. In particular, the peculiarities of the actor’s embodiment of the image of the national genius Hryhoriy Skovoroda on the stage are presented. It is noted that I. Kavaleridze’s plays, created in a difficult political, social and ideological context, are rightly considered to be highly artistic works of Ukrainian drama. Their staging was carried out on various theatrical stages, including Mykhailo Shchepkin Sumy Theater of Drama and Musical Comedy is an important page of national theatrical art.

The Crime Wave: Recent Writing on Crime and Criminal Justice in Eighteenth-Century England

1986 ◽  
Vol 25 (4) ◽  
pp. 380-435 ◽  
Author(s):  
Joanna Innes ◽  
John Styles
Keyword(s):  
Eighteenth Century ◽  
Criminal Law ◽  
Short Life ◽  
Law Faculty ◽  
History Of ◽  
Crime Wave ◽  
The Subject ◽  
The 1960S ◽  
The One ◽  
Criminal Legislation

One of the most exciting and influential areas of research in eighteenth-century history over the last fifteen years has been the study of crime and the criminal law. It is the purpose of this essay to map the subject for the interested nonspecialist: to ask why historians have chosen to study it, to explain how they have come to approach it in particular ways, to describe something of what they have found, to evaluate those findings, and to suggest fruitful directions for further research. Like all maps, the one presented here is selective. The essay begins with a general analysis of the ways in which the field has developed and changed in its short life. It then proceeds to consider in more detail four areas of study: criminality, the criminal trial, punishment, and criminal legislation. This selection makes no pretense of providing an exhaustive coverage. A number of important areas have been omitted: for example, public order and policing. However, the areas covered illustrate the range of approaches, problems, and possibilities that lie within the field. The essay concludes with a discussion of the broader implications of the subject.The Development of the FieldBefore the 1960s crime was not treated seriously by eighteenth-century historians. Accounts of crime and the criminal law rarely extended beyond a few brief remarks on lawlessness, the Bloody Code, and the state of the prisons, often culled from Fielding, Hogarth, and Howard. There were exceptions, but they fell outside the mainstream of eighteenth-century history. The multiple volumes of Leon Radzinowicz's monumental History of the English Criminal Law and Its Administration from 1750 began to appear in 1948, but Radzinowicz worked in the Cambridge Law Faculty and the Institute of Criminology, and, as Derek Beales has pointed out, his findings were not quickly assimilated by historians.

scholarly journals Prishvin and Trotsky: a Man “like a pharmacist” in the novel “The World Cup”, journalism and the Writer’s Diary

2021 ◽  
pp. 164-177
Author(s):  
A. M. Podoksenov ◽  
V. A. Telkova
Keyword(s):  
Soviet Period ◽  
Soviet Society ◽  
The Novel ◽  
Political Struggle ◽  
World Cup ◽  
Russian Art ◽  
The World ◽  
The Subject ◽  
Characteristic Features ◽  
First Time

The relevance of the study is due to the fact that the subject of the article is the question of the influence of L. D. Trotsky [Bronstein], who was one of the key leaders of Bolshevism, who headed the October Revolution, on the worldview and creativity of M. M. Prishvin, which has not yet been considered in the European studies. It is shown that in Russian art it is difficult to find an artist of the word, whose work would be to the same extent conditioned by the influence of the ideological and political context. The novelty of the study lies in the fact that for the first time an attempt was made to show how, through individual characters in his works, Prishvin in an artistic and figurative form reflected the characteristic features of behavior, everyday habits, the style of thinking and speech of Trotsky. Particular attention is paid to the analysis of previously unpublished due to censorship restrictions of the writer’s works: the story “The World Cup”, journalism of the revolutionary years and the 18-volume Diary, which became available to the reader only in the post-Soviet period. It is shown that, depicting Trotsky as a “pharmacist” who, according to his recipes, is trying to create the future of a huge country, Prishvin seeks not only to artistically reflect his moral appearance and personality traits, but also to convey the features of the ideological and political struggle in Soviet society.

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