scholarly journals MONETARY COMPENSATION TO THE FEDERAL BUDGET AS AN ELEMENT OF THE GROUNDS FOR EXEMPTION FROM CRIMINAL LIABILITY UNDER ARTICLE 76.1 CRIMINAL CODE OF RUSSIAN FEDERATION

2021 ◽  
Author(s):  
А.М. Каримов
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Federal Budget ◽  
Criminal Code ◽  
Monetary Compensation

Введение: в статье на основе анализа современного уголовного, законодательства, постановления Пленума Верховного Суда Российской Федерации от 27.06.2013 № 19 «О применении судами законодательства, регламентирующего основания и порядок освобождения от уголовной ответственности» (далее – постановление Пленума Верховного Суда РФ № 19), практики применения норм об освобождении от уголовной ответственности в связи с возмещением ущерба, юридической литературы рассмотрены модели поощряемого поведения виновного, направленного на смягчение последствий совершенного деяния в рамках норм статьи 76.1 Уголовного кодекса Российской Федерации (далее –УК РФ). Выявлены обстоятельства, обусловливающие неэффективность модели позитивного пост- криминального поведения виновного лица, сконструированной законодателем в части 2 статьи 76.1 УК РФ. Внесены предложения по исключению из текста названного положения уголовного законодательства требования о выплате в федеральный бюджет денежного возмещения в размере двукратной суммы причиненного ущерба дохода, полученного в результате совершения преступления, или убытков, которых удалось избежать в результате совершения преступления. Материалы и методы: методологическую основу исследования составила совокупность общенаучных и частнонаучных методов познания: диалектический, догматический, семантический, формально-логический, методы анализа и синтеза. Материалами исследования послужили нормы УК РФ, разъяснения Пленума Верховного Суда РФ, статистические данные судебного департамента Верховного Суда РФ, научная литература. Результаты исследования: внесены предложения по изменению редакции части 2 статьи 76.1 УК РФ путем исключения требования о выплате в федеральный бюджет денежного возмещения в размере двукратной суммы причиненного ущерба дохода, полученного в результате совершения преступления, или убытков, которых удалось избежать в результате совершения преступления Обсуждение и заключения: выявлен ряд проблем, возникающих в процессе реализации поощрительных норм, предусмотренных статьей 76.1 УК РФ. Обоснована необходимость исключения из текста части 2 названной нормы элемента освобождения от уголовной ответственности, юридическая природа которого в уголовном законодательстве не определена.

PROPERTY-RESTORATION LINE IN DEPENALIZATION CRIMINAL POLICYOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 17-22
Author(s):  
T. R. Sabitov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Personal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Monetary Compensation ◽  
The Russian Federation ◽  
Compensation For Damage

The article analyzes the latest trends in Russian criminal policy related to its property-restoration focus. The author aims to emphasize the fact that criminal policy in Russia has significantly changed in its quality. The new rules on exemption from criminal liability increasingly emphasize receiving monetary compensation as a condition for such exemption. The articles of the Criminal Code of the Russian Federation are analyzed: on liability for non-payment of wages, pensions, scholarships, allowances and other payments; on exemption from criminal liability in connection with compensation for damage; on exemption from criminal liability with a fine; on liability for tax and other crimes. Considering the new criminal law norms on exemption from criminal liability, the author comes to the conclusion that these norms are increasingly contrary to the principle of personal responsibility, since the legislator increasingly proceeds from the task of restoring property interests than from the criterion of the presence or absence of public danger.

PROPERTY-RESTORATION LINE IN DEPENALIZATION CRIMINAL POLICYOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 17-22
Author(s):  
T. R. Sabitov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Personal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Monetary Compensation ◽  
The Russian Federation ◽  
Compensation For Damage

The article analyzes the latest trends in Russian criminal policy related to its property-restoration focus. The author aims to emphasize the fact that criminal policy in Russia has significantly changed in its quality. The new rules on exemption from criminal liability increasingly emphasize receiving monetary compensation as a condition for such exemption. The articles of the Criminal Code of the Russian Federation are analyzed: on liability for non-payment of wages, pensions, scholarships, allowances and other payments; on exemption from criminal liability in connection with compensation for damage; on exemption from criminal liability with a fine; on liability for tax and other crimes. Considering the new criminal law norms on exemption from criminal liability, the author comes to the conclusion that these norms are increasingly contrary to the principle of personal responsibility, since the legislator increasingly proceeds from the task of restoring property interests than from the criterion of the presence or absence of public danger.

scholarly journals PROPERTY-RESTORATION LINE IN DEPENALIZATION CRIMINAL POLICYOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 17-22
Author(s):  
T. R. Sabitov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Personal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Monetary Compensation ◽  
The Russian Federation ◽  
Compensation For Damage

The article analyzes the latest trends in Russian criminal policy related to its property-restoration focus. The author aims to emphasize the fact that criminal policy in Russia has significantly changed in its quality. The new rules on exemption from criminal liability increasingly emphasize receiving monetary compensation as a condition for such exemption. The articles of the Criminal Code of the Russian Federation are analyzed: on liability for non-payment of wages, pensions, scholarships, allowances and other payments; on exemption from criminal liability in connection with compensation for damage; on exemption from criminal liability with a fine; on liability for tax and other crimes. Considering the new criminal law norms on exemption from criminal liability, the author comes to the conclusion that these norms are increasingly contrary to the principle of personal responsibility, since the legislator increasingly proceeds from the task of restoring property interests than from the criterion of the presence or absence of public danger.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

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 ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Criminal Liability ◽  
Criminal Code ◽  
Military Vehicles ◽  
Judicial Practice ◽  
Observation Methods ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

scholarly journals THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

scholarly journals Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification

2018 ◽  
pp. 34-43
Author(s):  
A. Ya. Asnis
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Service Contract ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Contract Managers

The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

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