scholarly journals Features of criminal and legal protection оf state secrets under US law

2021 ◽  
pp. 123-128
Author(s):  
O. РONOMARENKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
State Secrets

The article is devoted to determining the features of criminal law protection of state secrets under US law. The system of US regulations in the field of protection of state secrets is considered. The classification of types of state secrets is given. The grounds for criminal liability for crimes in the field of protection of state secrets have been determined. The measures of criminal and legal influence applied to the persons who have committed such crimes are revealed.

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.

scholarly journals The Concept of Malware as a Means of Committing Computer Crimes: Classification and Methods of Illegal Use

2020 ◽  
Vol 14 (5) ◽  
pp. 699-709
Author(s):  
Elena Rossinskaya ◽  
Igor Ryadovskiy
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Unauthorized Access ◽  
General Classification ◽  
Dominant Feature ◽  
Cryptographic Algorithms ◽  
Autonomous Functioning ◽  
Theory Of Information ◽  
Computer Crimes

The authors analyze problems connected with malware from the standpoint of the doctrine of the methods of computer crimes/offenses as one of the components of the theory of information-computer support of criminalistic work. Most methods of computer crimes are based on the unauthorized access to computer facilities and systems gained through malware that, in fact, acts as a weapon of crime. The authors present a classification of malware based on different parameters: from the standpoint of criminal law and criminology; the standpoint of information technology; the standpoint of the doctrine of computer crimes/offenses. Various grounds for the classification of malware are examined. A general classification, widely used by the developers of antiviral software, includes virus-programs, worm-programs and trojan-programs. In the modern situation of massive digitization, it is not practical to regard masquerading as a legitimate file as a dominant feature of trojan software. On the contrary, criminals try hard to hide from the user the downloading, installation and activity of malware that cannot self-propagate. The key method of propagating trojan programs is sending mass emails with attachments masquerading as useful content. The classification of malware by the way and method of propagation - viruses, worms and trojan programs - is only currently used due to traditions and does not reflect the essence of the process. A different classification of malware into autonomous, semi-autonomous and non-autonomous programs is based on the possibility of their autonomous functioning. At present there is practically no malware whose functions include only one specific type of actions, most of it contains a combination of various types of actions implemented through module architecture, which offers criminals wide opportunities for manipulating information. The key mechanisms of malwares work are described and illustrated through examples. Special attention is paid to harmful encryption software working through stable cryptographic algorithms - ransomware, when criminals demand ransom for restoring data. There is no criminal liability for such theft. The authors outline the problems connected with the possibility of the appearance of new malware that would affect cloud resources.

OFFENSES AGAINST THE ENVIRONMENT, ESSENTIAL DAMAGE ASSESSMENT IN THEORY AND PRACTICE

2017 ◽  
Vol 1 (78) ◽  
pp. 30
Author(s):  
Silvija Kotāne
Keyword(s):  
Criminal Law ◽  
Significant Risk ◽  
Legal Protection ◽  
Theory And Practice ◽  
Forest Environment ◽  
Criminal Offense ◽  
Significant Damage ◽  
The Law ◽  
The Republic

This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.

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 ASPECTS OF INSOLVENCY IN CRIMINAL LAW

2015 ◽  
Vol 3 (72) ◽  
pp. 18
Author(s):  
Ivars Kronis
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Legal Protection ◽  
Case Law ◽  
Behavior Patterns ◽  
Insolvency Law ◽  
Legal Norms ◽  
The Law ◽  
Insolvency Proceedings

The article contains analysis of the legal norms that govern criminal liability for risks posed to insolvency. Based on case law and conclusions made by the law scholars, the preconditions have been studied the presence of which has to be proven in order to enable calling of a person to criminal account for leading to insolvency, filing of a fraudulent application for insolvency proceedings, hindering the insolvency proceedings and breach of the conditions of legal protection. The study enables deepen understanding of the preconditions to application of the law and helps to gain knowledge of criminal legal protection of insolvency and to avoid any behavior patterns that might be interpreted as criminal. The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and therefore has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law had been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a kind of milestone for updating the issues of criminal legal protection of insolvency and extended assessment of the insolvency regulations in the Criminal Law.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals Dear reader,

2019 ◽  
Vol 28 ◽  
pp. 1-1
Author(s):  
Jaan Sootak
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Criminal Liability ◽  
Legal Protection ◽  
Contract Law ◽  
Fundamental Rights ◽  
Legal Person ◽  
Medical Law ◽  
The University

A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries.  I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak. 

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

Criteria for differentiation of criminal liability for fraud committed with the use of electronic payment means

2021 ◽  
Vol 2021 (1) ◽  
pp. 115-120
Author(s):  
Vladimir Leschenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Activity ◽  
Digital Economy ◽  
Electronic Payment ◽  
Technical Application ◽  
Fraudulent Activity

The necessity of legal protection of property relations that are formed through the use of electronic payment systems established by law is due to the rapid development of the digital economy sector. The increase in crimes committed with the use of information and telecommunications technologies, marked in recent years, demonstrates to a greater extent criminal activity in the field of mercenary crimes against property, where fraud occupies a special place. The variety of new forms of fraudulent activity indicates adaptation of this crime to modern socio-legal and economic realities. Fraud has penetrated into the digital economy and poses a serious threat to the financial security of participants in this field. These circumstances have an impact on the criminal law policy of the state, which is forced to respond to emerging threats by means of criminalization and differentiation of criminal responsibility. The article discusses the criteria for differentiating criminal liability for fraud committed with the use of electronic payment methods. The author highlights and describes characteristic of qualifying features as one of the means of differentiating criminal liability for fraud committed with the use of an electronic payment method. The challenge of the research is an attempt to assess the degree of public danger of objective and subjective signs that form the basis of qualifying circumstances, as well as to formulate proposals for clarifying their definition, legal and technical application in the construction of the criminal law norm.

LEGAL PROTECTION OF FOOD SECURITY

2021 ◽  
Vol 1 (6) ◽  
pp. 34-38
Author(s):  
T. D. USTINOVA ◽  
◽  
A. S. RUBTSOVA ◽  
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Public Safety ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

The article reveals the problems of applying criminal liability for the smuggling of strategically important goods. It is proved that such crimes infringe not on public safety, but on relations in the sphere of economic activity. It is proposed to return the criminal law norm to Chapter 22 of the Criminal Code of the Russian Federation.

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