scholarly journals Realisticity of Individual Choice Model Does Matter: On Cartel Prosecution

2021 ◽  
Vol 13 (2) ◽  
pp. 7-25
Author(s):  
A. Ye. Shastitko ◽  
K. V. Dozmarov
Keyword(s):  
Choice Model ◽  
Criminal Code ◽  
Deterrent Effect ◽  
Criminal Prosecution ◽  
Individual Choice ◽  
Antitrust Enforcement ◽  
Sensitive Tool ◽  
The Russian Federation ◽  
Legal Concepts ◽  
The Relationship

Criminal prosecution of monopolistic activities in the form of market cartelization is the most sensitive tool for individuals, which can have both a serious deterrent effect and limit behavior that is beneficial to public welfare. This paper discusses the theoretical aspects of the issue of choosing a regime of antitrust enforcement in connection with the design of amendments and enforcement of the norms of Article 178 of the Criminal Code of the Russian Federation, taking into account possible differences between the initialization, conclusion of a cartel agreement and participation in it. The article shows that there are various options for the relationship between the concept of conclusion and participation in the agreement, including anti-competitive one. However, this requires the application of realistic assumptions regarding the behavior of individuals. Practical issues of designing criminal penalties for cartels are considered taking into account various legal concepts, including the form and types of guilt, as well as on the basis of a comparison with other articles of the Criminal Code that punish collective unlawful acts. In connection with the problem of reproduction of an inhospitable tradition, the Russian antitrust identified the risks of imputed imputation (risks of I type errors) and insufficient punishment of the cartel organizer (risks of II type errors) in case of underestimating the importance of economic concepts based on the principle of methodological individualism and the assumption of bounded rationality of individuals.

scholarly journals Law and economics vs. formal legal approach in criminal prosecution of the cartel

2020 ◽  
pp. 23-38
Author(s):  
Andrey Shastitko ◽  
Kirill Dozmarov
Keyword(s):  
Bounded Rationality ◽  
Law And Economics ◽  
Criminal Code ◽  
Methodological Individualism ◽  
Deterrent Effect ◽  
Criminal Prosecution ◽  
Type I ◽  
Antitrust Legislation ◽  
Projected Changes ◽  
Legal Concepts

Criminal prosecution of monopolistic activities in the form of market cartelization is the most sensitive instrument for individuals and can both have a serious deterrent effect and restrict behavior that is beneficial to the public welfare. The paper considers theoretical and economic aspects of choosing an antitrust enforcement regime in view of the projected changes in the discussion and application of the norms of article 178 of the Criminal Code of the Russian Federation, taking into account possible differences between organizing a cartel, entering into a cartel agreement and participating in a cartel. It is obvious that there are various options for correlating the concept of concluding an agreement and participating in it, including anti-competitive. However, it requires realistic assumptions about human behavior. Based on the principle of methodological individualism and the concept of bounded rationality used in economic sciences, the authors demonstrate restrictions on projecting the ratio of agreement conclusion/participation of legal entities (economic entities) on actions of individuals. Practical issues of designing criminal punishment for cartels are considered taking into account various legal concepts, including the form and types of guilt, as well as on the basis of comparison with other articles of the Criminal Code providing punishment for collective unlawful acts. In connection with the reproduction of the tradition of hostility in antitrust legislation, the Russian antimonopoly legislation has identified the risks of objective imputation (risks of type I errors) and insufficient punishment of the cartel organizer (risks of type II errors) in case of underestimation of the weight of economic concepts based on the principle of methodological individualism and the assumption of bounded rationality of individuals.

The cross-impact of corruption and consumer culture

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Vladislav Burmakin ◽  
Marianna Dudareva ◽  
Andrey Egorov ◽  
Valentina Latysheva ◽  
Svetlana Salimova
Keyword(s):  
Russian Federation ◽  
Mutual Influence ◽  
Criminal Code ◽  
Practical Application ◽  
Content Type ◽  
Abuse Of Power ◽  
Consumption Culture ◽  
Experimental Approaches ◽  
The Russian Federation ◽  
The Relationship

Purpose The purpose of this paper is to study the relationship between corruption and consumption culture from the perspective of their mutual influence on the example of the Russian Federation. Design/methodology/approach The research methodology was based on the use of theoretical, empirical and experimental approaches aimed at studying the mutual influence of indicators of corruption and factors that may be associated with it. Findings The performed analysis revealed that the total number of crimes registered under corruption-related articles of the Criminal Code of the Russian Federation (Article 285 – Abuse of Power, Article 290 – Receiving a Bribe, Article 291 – Giving a Bribe) is in moderate correlation with monthly consumer spending per capita and the volume of taxes, fees and other obligatory payments to the budget. Originality/value The practical application of the research results is possible in formation of recommendations for improving anti-corruption legislation and effective measures to prevent its causes.

scholarly journals Features of the legal assessment of remote fraud

2019 ◽  
pp. 226-230
Author(s):  
Pavel L. Pavel L. Serdyuk
Keyword(s):  
Russian Federation ◽  
Insurance Industry ◽  
Criminal Code ◽  
Social Sphere ◽  
Legal Assessment ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
The Relationship

The article discusses the most difficult issues arising in the qualification of remote fraud in the field of computer information. The article examines the relationship to the composition of fraud of such methods of fraud and breach of trust, such as the destruction, blocking, modification or copying of computer information in order to steal someone else’s property or obtain the right to someone else’s property. The investigated composition of fraud is distinguished from such adjacent compositions as fraud using electronic means of payment (art. 1593 of the Criminal code of the Russian Federation), fraud in the insurance industry (art. 1595 of the Criminal code of the Russian Federation), etc. The role of the social sphere in determining the degree of danger of computer fraud as well as possible errors in the qualification of art. 1596 in conjunction with other articles of the Criminal code of the Russian Federation.

scholarly journals Topical Problems of Criminal Prosecution for Illegal Banking Transactions

2019 ◽  
Vol 13 (6) ◽  
pp. 962-970
Author(s):  
Diana Alekseeva ◽  
Irina Mikheeva ◽  
Tatyana Suspitsyna
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Subject ◽  
The Russian Federation ◽  
Bank Employees ◽  
Uniform Assessment ◽  
Unambiguous Interpretation

In recent years there has been an increase in the number of crimes under Art. 172 of the Criminal Code of the Russian Federation («Illegal banking»), whose subjects, among other things, act as intermediaries for their clients and are not one of the sides in a contract with the bank. Such practice is not indisputable, because innocent people could be prosecuted if there is a mistake in the qualification of actions. The authors of the article assess the actions of physical persons providing the services of intermediaries for the bank clients who open accounts, make payments, conduct encashment and different cash operations. Specifically, the authors note that different actions of the bank and the client connected with banking transactions are designated in law in the same way, which leads to controversial situations, including the qualification of such actions as crimes. The authors determine the legal nature of banking as an aggregate of systemic banking operations and conclude that the actions of physical persons — intermediaries who are not bank employees or managers or other persons authorized by the clients of the bank — do not correspond to the characteristics of a crime under Art. 172 of Criminal Code of the Russian Federation. They stress that the current edition of Art. 172 of the CC of the RF does not allow for an unambiguous interpretation of the subject of the analyzed corpus delicti; the authors also present data from court practice that testify that it does not have a uniform assessment. The position of the Constitutional Court of the Russian Federation on this issue raises questions. The authors support the legal approach according to which Art. 172 of the CC of the RF refers to a special subject (head or other employee of a credit organization). They also point out that the disposition of the norm, in the part that includes subjective characteristics, makes it possible to prosecute a person for both intentional and negligent actions, which is not very well-grounded; the authors support the position that a person can only be prosecuted for illegal entrepreneurship if the intention is determined.

scholarly journals Expert Concepts in Forensic Ecology

2021 ◽  
Vol 16 (1) ◽  
pp. 124-129
Author(s):  
N. V. Mikhaleva
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Environmental Harm ◽  
Scientific Concepts ◽  
Forensic Expertise ◽  
Environmental Object ◽  
The Russian Federation ◽  
Forensic Expert ◽  
Points Of View ◽  
Legal Concepts

The article addresses the existing points of view on the term “the language of forensic expertise”. The author draws attention to the fact that many forensic expert terms comprise a synthesis of legal and scientific concepts. The legal concepts contained in Chapter 26 “Environmental crimes” of the Criminal Code of the Russian Federation, and the definitions of some of them are analyzed. It is pointed out that a range of expert notions necessary for forensic purposes is defined by the GOST R 58081-2018 “Forensic environmental expertise. Terms and definitions”, including the concepts of “environmental harm”, “damage caused to an environmental object”. They should be gradually implemented into the practice of conducting forensic environmental investigations.

scholarly journals Termination of a criminal case (criminal prosecution) as a result of voluntary compensation for damage caused by a crime in the russian criminal court legal proceedings

2021 ◽  
Vol 7 (3B) ◽  
pp. 645-651
Author(s):  
Artem Igorevich Neryakhin ◽  
Dmitriy Aleksandrovich Ivanov ◽  
Vasily Dzhonovich Potapov ◽  
Denis N. Stacyuk ◽  
Tatiana Ivanovna Bondar
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Criminal Court ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Compensation For Damage

The authors study the controversial issues of termination of a criminal case (criminal prosecution) on the condition of voluntary compensation for the damage caused by the crime by the suspect (accused) during the preliminary investigation. The thesis is proved that in Russian criminal proceedings the procedure for voluntary compensation for damage caused by a crime is quite clearly regulated, and if the suspect (accused) voluntarily compensated for the property damage caused, then their actions will be evaluated within the current legal framework, when the fact of compensation for damage creates grounds for exemption from criminal liability and termination of the criminal case (criminal prosecution) in accordance with Articles 75, 76, 761, 762 of the Criminal Code of the Russian Federation, Articles 25, 251, 28, 281 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Improvement of the Procedure of Application of Compulsory Measures of Educational Impact

2019 ◽  
pp. 106-114
Author(s):  
K. A. Tabolina ◽  
Z. R. Dzheyranova
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Educational Impact ◽  
Specialized Knowledge ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Right ◽  
A Minor

The article is devoted to the problem of improvement of the procedure of application of compulsory educational measures in criminal proceedings against minors. The lack of proper regulation of the procedure for the application of compulsory educational measures and the existing legislative gaps determine the need for amendments and additions to the criminal law and criminal procedure law. It is proposed to grant the right to resolve the issue of termination of criminal prosecution and initiation of a petition for the application of a coercive measure of educational impact before the court to the prosecutor dealing with the criminal case brought before him with conviction or indictment. In order to resolve the question of the possibility of rehabilitating a minor through the use of compulsory educational measures, it is necessary to study his psyche using the specialized knowledge, which presupposes an expert opinion in the case. Exemption from criminal liability of minors under the rules of Article 90 of the Criminal Code of the Russian Federation should be treated as the duty rather than the right of the law enforcement agent. Approaches to the solution of the problem connected with execution of compulsory measures of educational impact have been formulated.

scholarly journals Illegal Circulation of Amber, Jade or other Semi-Precious Stones, Precious Metals, Precious Stones or Pearls: Problems Determined by New Edition of Art. 191 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 16 (3) ◽  
pp. 97-109
Author(s):  
A. V. Chernov ◽  
S. V. Gabeev
Keyword(s):  
Russian Federation ◽  
Economic Value ◽  
Precious Metals ◽  
Criminal Code ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Precious Stones

Changes made to Art. 191 of the Criminal Code of the Russian Federation at the end of 2019 in order to eliminate gaps in legislation, in fact, created even more conflicts in the theory and practice of applying criminal and administrative law. The legislator has not fully calculated the risks of the new edition of Art. 191 of the Criminal Code of the Russian Federation. The elimination of these risks requires more changes to the federal legislation, the adoption of new by-laws. Within the framework of Art. 191 of the Criminal Code of the Russian Federation the legislator created a contradiction regarding the qualification of illegal circulation of unique amber formations. Russian legislation does not contain a legal definition of semi-precious stones, clarification of their difference from precious stones. The concept of precious stones does not prove to be successful, since it contains a list-based reference of a particular stone to the category of precious stones, which does not always really reflect the economic value of a particular mineral. The list of semi-precious stones at the level of the Government of Russia has yet to be approved. Taking into account the administrative prejudice as one of the conditions for criminal prosecution for illegal trafficking in semiprecious stones, it should be the same with the list of semi-precious stones established to bring an individual to administrative responsibility for similar offenses. The legislator did not pay attention to the issues of delimiting jewelry and household products and scrap of such products from the subject of crimes under Art. 191 of the Criminal Code of the Russian Federation. An even greater problem is the inconsistency between the norms of administrative and criminal legislation on liability for illegal trafficking in semi-precious stones.

scholarly journals Characteristics of Crimes Against the Interests of Service in Commercial and Other Organisations in Russia and Germany

2020 ◽  
Vol 8 (4) ◽  
pp. 140-152
Author(s):  
Sergey Markuntsov ◽  
Martin Paul Wassmer
Keyword(s):  
Criminal Code ◽  
Economic Losses ◽  
Criminal Prosecution ◽  
Common Elements ◽  
Criminal Offence ◽  
The Public ◽  
The Russian Federation ◽  
Corrupt Conduct ◽  
The Comparative Study ◽  
International Conventions

The comparative study focuses on corruption in commercial organisations, which has received considerable attention in both Russia and Germany in recent years. In both countries anti-corruption law has been harmonised by several international conventions to reflect the growing importance of world trade and increasing globalisation. The authors analyse the current criminal offences and the criminological characteristics in both countries. Whereas in Russia special criminal provisions were created under Chapter 23 (Articles 201, 202, 203, 204, 204.1 and 204.2 of the Criminal Code of the Russian Federation), in Germany the relevant corrupt conduct is covered by the traditional general criminal offence of embezzlement (§ 266 of the German Criminal Code (StGB)) and by newly created special corruption offences (§§ 299, 300 and 301 StGB). The authors show that in each of the two countries, Russia and Germany, corruption in commercial organisations is now considered a grave form of corruption, so that the international conventions are taken into account to some extent. In Germany, however, not only are the sanctions foreseen for corruption in commercial organisations considerably lower than those for corruption in the public sector, but the offences are only prosecuted on criminal complaint. In the practice of German criminal prosecution, these types of bribery offences have therefore so far had little significance. Nevertheless, a high number of undetected cases and large economic losses can be expected. Furthermore, the comparative legal study shows that there are not only considerable differences in the design of the criminal provisions as well as in the legal reality, but that there are also several common elements in Russia and Germany.

scholarly journals Individualization of punishment in the context of the public’s fear of crime

2021 ◽  
Vol 108 ◽  
pp. 02013
Author(s):  
Vladimir Pavlovich Konyakhin ◽  
Leonid Aleksandrovich Prokhorov ◽  
Marina Leonidovna. Prokhorova ◽  
Anton Vladimirovich Petrovskiy ◽  
Ruslan Georgievich Aslanyan
Keyword(s):  
Justice System ◽  
Fear Of Crime ◽  
Social Protection ◽  
Criminal Code ◽  
Sociological Research ◽  
Preventive Effect ◽  
Coordinating Councils ◽  
Long Time ◽  
The Russian Federation ◽  
The Relationship

The individualization of punishment is largely formalized and axiomatically limited by the normative prescriptions of the General and Special parts of the Criminal Code of the Russian Federation. Meanwhile, when assigning punishment, judges always consider all the circumstances related to the commission of a crime and the identity of the perpetrator, not to mention consideration of public opinion, social and group victimization, and the fear of the population before criminal manifestations. Unlike in Russia, the foreign criminal justice system for a long time accepts the opinion of ordinary citizens on this matter, focusing on their fears of separate crimes. Sometimes, within the framework of this system, there is a manipulation of the individualization of punishment to demonstrate a preventive effect to society. Based on the above, this article is aimed at generating a discourse on the need to study and consider victimological information in the formation of criminal law policy in general and the individualization of punishment, in particular. The statistical and sociological research methods used in the study allowed obtaining and summarizing information on the indicators of the fear of residents of Gelendzhik and Novorossiysk (2017-2018) regarding ordinary crimes; reflecting the relationship between these data and the types of punishment imposed by the courts for the commission of theft, robbery, hooliganism. Systemic synthesis and analysis allowed identifying a number of patterns in this area, and justifying them. The novelty of the article is that it represents one of the few attempts to fill the gap in scientific knowledge about the mechanism of individualization of punishment as a tool of social protection, implemented through general and private prevention and requiring consideration of political-social and ethnocultural peculiarities. The results of the study allowed to articulate proposals for optimizing the activities of federal and regional coordinating councils for the prevention of offenses.

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