Some Questions of Parole in the Criminal Law of the Russian Federation

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 337-350
Author(s):  
Ildar A Tarhanov ◽  
Ramil R. Gayfutdinov ◽  
Karimov M. Karimov ◽  
Ilnur A. Muzafarov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
The Social ◽  
The Supreme Court ◽  
Standard Text ◽  
The Russian Federation ◽  
Points Of View

The article examined fundamental issues of parole in the criminal law of the Russian Federation and, at the same time, aspects of the negative deloscope impact on the identity of the inso, from various points of view on the "social elevators" programme. All these social problems cause a low level of voluntary softening of the damage caused to the victim. During the analysis, we found that the legislature did not formulate well the model that it behaves encouraging to compensate for the damage caused, as set out in the standard text. An indication of the possibility of using incentives in the event of damages the possibility of an ambiguous interpretation of the standard text, leading to difficulties in law enforcement. In the conclusions, we express our position on the need for legal regulation other than this issue. Particular attention was paid to the victim's role in determining the amount of damage. The input of the article focused on discussing various approaches to this issue and establishing the need to clarify the criminal legal status of the victim at the level of the plenary session of the Supreme Court of the Russian Federation.

scholarly journals Joint Responsibility of the Parent Company under Obligations of Subsidiary Company

2019 ◽  
Vol 8 (4) ◽  
pp. 438-441
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Parent Company ◽  
Analysis Method ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Parent Companies

The objective of this article is to identify the problems of joint responsibility of the parent company for the obligations of the subsidiary company and propose a solution to them. The author has used the analysis method while studying the legislation governing the joint responsibility of the parent company, its law enforcement practice and scientific literature on problems in this area. The experience of legal regulation of joint responsibility of the parent company under the obligations of the subsidiary company has been compared with the legal experience of the United States of America. Studying the conditions for holding the parent company liable for the obligations of a subsidiary, the author has concluded that at present, the Russian legislation defining the legal status of the parent companies is imperfect and needs to be changed. Accordingly, a new version of paragraph 2 of clause 2 of Article 67.3 of the Civil Code of the Russian Federation has been proposed, as well as recommendations for the Supreme Court of the Russian Federation.

Constitutional bases of the procedure for the formation and activity of representative bodies in the Russian Federation

2021 ◽  
Author(s):  
Mariya Varlen ◽  
Konstantin Mazurevskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Scientific Research ◽  
Representative Democracy ◽  
Controversial Issues ◽  
Scientific Analysis ◽  
Postgraduate Studies ◽  
The Russian Federation ◽  
Points Of View

The textbook provides an in-depth comprehensive scientific analysis of the legal status of representative bodies at the federal, regional, and municipal levels, taking into account the results of the ongoing reform of constitutional legislation and law enforcement practice, various points of view on controversial issues. Special attention is paid to the problems of the implementation of the powers and the procedure for the formation of representative bodies; the legal status of a deputy of a representative body is studied in detail, the forms of activity of deputies are characterized. For students of master's and postgraduate studies in the field of "Jurisprudence". It can be useful for undergraduate and specialist students, as well as for studying the problems of representative democracy and conducting relevant theoretical and applied scientific research.

qualification of crimes

2021 ◽  
Author(s):  
Vladislav Antonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Students ◽  
Practical Application ◽  
The Supreme Court ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Methodological Aspects

The textbook examines the theoretical aspects of the qualification of crimes, highlights the problems of practical application of the norms and institutions of criminal legislation. The paper analyzes the concepts and categories of criminal law, reveals the organizational and methodological aspects of the legal assessment of criminal encroachments. When preparing the manual, materials of judicial and investigative practice, guiding explanations of the Plenum of the Supreme Court of the USSR, the Russian Federation were used. The manual is addressed to law enforcement officials, lawyers, investigators, law students and anyone interested in the qualification of crimes.

scholarly journals DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Law ◽  
Digital Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Official Recognition

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

Occupation of the highest position in the criminal hierarchy: features of criminal law qualifications

2021 ◽  
pp. 500-509
Author(s):  
Ivan V. Pikin ◽  
Ilya A. Tarakanov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Group ◽  
Criminal Organization ◽  
Criminal Code ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View

We consider the features of criminal law qualification of occupying the highest position in the criminal hierarchy. We analyze the provisions of Article 210.1 of the Criminal Code of the Russian Federation, as well as the points of view of legal scholars about the specifics of establishing the highest criminal status of a person. As a result of this study, it is concluded that the establishment of the place of a specific subject in the criminal hierarchy is possible in those cases when the person confirms his criminal status or the persons involved as witnesses confirm that this person has a higher position in the criminal hierarchy. We believe that when determining the subject of a given crime, it is necessary to establish such signs as the subject’s opinion regarding this status; the opinion of the persons who were part of this criminal organization regarding the position of this person in it; his possession of “powers” of an administrative nature in relation to members of this criminal group or other persons adhering to “thieves’ concepts”; the opinion of other persons with the highest position in the criminal hierarchy regarding the criminal status of the subject. At the same time, it should be recognized that there is an urgent need for a judicial interpretation of the issues of quali-fication of a crime provided for in Article 210.1 of the Criminal Code of the Russian Federation, which necessitates the preparation of an appropriate resolution of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals The Criminological and Legal Aspects of Using the Deferral of Punishment

2020 ◽  
Vol 14 (6) ◽  
pp. 834-844
Author(s):  
Alexandr Kuznetsov ◽  
Roman Novikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
Socially Relevant ◽  
Chelyabinsk Region ◽  
Key Aspects ◽  
The Impact

The institute of the deferral of punishment is one of the steadily developing institutes of contemporary criminal law in the Russian Federation that reflects a trend for the humanization of punishment, the economy of repressive criminal law measures, and for widening the list of measures and sanctions alternative to punishment. The relevance of the key aspects of research presented in the article is connected with the fact that the evolution of the institute of deferral of punishment in the doctrine of criminal law gives rise to a number of discussions both about the legal nature of this institute, its role and place among other criminal law measures, and the specific features of its application in the practice of law enforcement. Deferral of punishment is a socially relevant institute in Russian criminal law aimed at the correction of convicts without severing their socially relevant links. The impact of the requirements of international legislation on reducing the number of persons isolated from society and a wide use of alternative punishments in Russia have lead to a wider application of the deferral of punishment. The authors analyze specific aspects of the legal regulation of the deferral of punishment, study the criminologically relevant characteristics of persons to whom this criminal law measure is applied, as well as the law enforcement practice of appointing and enforcing the deferral of punishment. They present the results of surveying 250 convicts, and also of interviewing 300 employees of the penitentiary system, who ensure compliance with the requirements of law on the deferral of punishment in a number of regions of the Russian Federation, such as the Udmurt Republic, the Bashkortostan Republic, Kurgan Region, Kirov Region, Sverdlovsk Region, Chelyabinsk Region and Perm Region. The research also includes the analysis of departmental and court statistics, federal legislation and departmental normative acts. The conducted research allowed the authors to present their suggestions on improving the current legislation of the Russian Federation that regulates the penitentiary sphere.

scholarly journals National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

2021 ◽  
pp. 166-175
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Professional Activities ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

scholarly journals Interaction Between Civil Law and Criminal Law in the Protection of the Rights of Theft and Fraud Victims

2018 ◽  
Vol 12 (4) ◽  
pp. 572-582
Author(s):  
Liudmila Vasilevskaya ◽  
Ekaterina Poduzova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Civil Law ◽  
The Supreme Court ◽  
Single Sphere ◽  
The Russian Federation ◽  
Ambiguous Position ◽  
Court Practice

One of the trends in contemporary law is the interaction between its branches because an offense infringes upon a number of rights and interests of the victim that cannot be reduced to a single sphere of legally regulated relationships. This trend is reflected, specifically, in the interaction between civil and criminal law, which has attracted the attention of well-known Russian legal scholars many times. The trend is also observed in court practice, for example, in the Decree of the Plenary Session of the Supreme Court of the Russian Federation «On Court Practice Re. Cases of Fraud, Misappropriation and Embezzlement» of November 30, 2017, No 48. It is also manifested in the use of civil law categories and criteria for the general and specific components of crimes like theft (Art. 158 of CC of the RF) and fraud (Art. 159-159.6 of the CC of the RF), as well as in the use of vindication and compensation of losses to protect the rights of victims of such crimes. Civil law defense of the rights of victims of theft and fraud (the use of such methods of protection as vindication and compensation of losses) encounters the ambiguous position of courts because the doctrine incorporates disputable and unsettled issues regarding the methods of protecting rights. This paper analyzes such problems and presents some ways of solving them. Overcoming the theoretical and practical problems of interaction between civil and criminal law is of vital importance because it is a vital precondition for the efficient functioning of the law enforcement system as a whole when implementing various forms and methods of protecting the rights of people.

scholarly journals The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

2019 ◽  
Vol 13 (2) ◽  
pp. 291-299
Author(s):  
Yekaterina Yakimova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Negative Results ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Law ◽  
Entrepreneurial Activities

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

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