scholarly journals Regulation in the Criminal Code of the Russian Federation of a formal basis for categorizing crimes and the prospects for its improvement

2019 ◽  
Vol 13 (2) ◽  
pp. 162-168
Author(s):  
A. V. Ivanchin ◽  
◽  
L. O. Kuleva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Critical Assessment ◽  
Formal Criterion ◽  
Separate Category ◽  
Consistent Description ◽  
Wide Range ◽  
Formal Basis ◽  
The Russian Federation

The article deals with the question of the formal criterion for dividing crimes into categories. The authors believe that the limits of punishability enshrined in the rule on the categorization of crimes should be indicated more clearly. It is noted that the legislator admits a logical miscalculation concerning the violation of the rule on the unity of the basis for the division of members of the classification. In this connection the necessity of isolating unwary grave crimes is substantiated. A proposal is made to adjust the sanctions of a number of articles by narrowing their unreasonably wide range undermining the meaning of the categorization of crimes. The idea of introducing «exceptional gravity of crime» as well as standard sanctions in the Criminal Code of the Russian Federation is subject to a critical assessment. However it is proposed to allocate a number of criminal acts, for the commission of which no deprivation of liberty is envisaged, into a separate category of crime. The authors define the rules for the consistent description of sentences.

scholarly journals The use of a knowingly forged passport, identity card or other official document granting rights or relieving from responsibilities: problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 65-72
Author(s):  
Natal'ya Vishnyakova
Keyword(s):  
Russian Federation ◽  
Personal Information ◽  
Criminal Code ◽  
Critical Assessment ◽  
Official Document ◽  
Identity Card ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The article is devoted to the consideration of the problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation, related to the operation of the norm in time; with delimitation from the norm covered by Art. 327, Part 5 of the Criminal Code of the Russian Federation; with the content of such an act as use, the moment of its ending, the matching with the counterfeit, as well as with the acquisition, storage and transportation. The author substantiates the conclusion about the need to exclude Part 5 of Art. 327 of the Criminal Code of the Russian Federation; a broader definition of the concept of “use of a knowingly forged document” is proposed, including not only the submission of such a document in order to obtain (confirm) the rights or relieve from responsibilities, but also the very use of the obtained rights or relieving from responsibilities on the basis of the submitted document; the critical assessment of the actions of a person ordered the forged document with providing personal information is done, such actions are considered as complicity in the forgery. The author’s attention is drawn to the prevalence of incompleteness of the wording of the accusation when qualifying the actions of persons who acquired, stored, transported a forged document in order to use it, and then used it. The article formulates recommendations for solving the issues of applying Part 3 of Article 327 of the Criminal Code of the Russian Federation.

scholarly journals Problems of qualification of turnover of alcohol surrogates

2021 ◽  
Vol 3 ◽  
pp. 30-32
Author(s):  
N.Y. Skripchenko ◽  
◽  
A.N. Savchenko ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Alcoholic Beverages ◽  
Place Of Residence ◽  
Consumer Market ◽  
Legal Assessment ◽  
Wide Range ◽  
The Russian Federation

The authors question the validity of the criminal legal assessment under Art. 238 of the Criminal Code of the Russian Federation of actions of persons who make handicraft alcoholcontaining surrogates, store them at the place of residence and sell them ‘off hand’ under the guise of alcoholic beverages. The foundations of this practice were laid by the changes made to the content of Art. 238 of the Criminal Code of the Russian Federation in 1999. Having extended the said rule not only to cases of circulation of low-quality goods in the legal consumer market, but also to the facts of the sale of goods dangerous to the life and health of consumers in the shadow sector of the economy, the legislator ‘transferred’ a wide range of acts previously assessed as administrative offenses. The work substantiates the position that the actions of persons who make and sell alcoholic surrogates ‘from hand’ are of an administratively punishable nature, they can be criminal only if they cause harm to the life and health (of any severity) of ‘consumers’.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

NEW APPROACHES TO THE ORGANIZATIONAL AND TECHNICAL SUPPORT OF THE EXAMINATION OF COMPETITIVE APPLICATIONS FOR STATE SUPPORT IN THE FORM OF GRANTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION TO YOUNG RUSSIAN SCIENTISTS – DOCTORS OF SCIENCES AND PHILOSOPHY DOCTORS (DOCTORS AND Ph. D.) AND LEADING SCIENTIFIC SCHOOLS

2020 ◽  
pp. 59-67
Author(s):  
N.A. Mironov ◽  
E.A. Maryshev ◽  
N.A. Divueva
Keyword(s):  
Information System ◽  
Russian Federation ◽  
Technical Support ◽  
Examination System ◽  
State Support ◽  
New Approaches ◽  
Wide Range ◽  
Integrated Information System ◽  
The Russian Federation ◽  
Integrated Information

The article discusses the issues of improving the examination system of competitive applications for state support in the form of grants of the President of the Russian Federation on the basis of an integrated information system that includes the information support system of the Grants Council of the President of the Russian Federation and the information system of the Federal Roster of Scientific and Technological Experts and containing information about experts, applications and expert examination results. In order to improve the principles of transparency and openness of support programs and competition winners, to ensure the objectivity of the competitive selection of projects, a number of organizational and technical solutions are proposed in the application examination system based on an integrated information system. The new and proposed new approaches to the organizational and technical support of the examination of competitive applications for state support in the form of grants of the President of the Russian Federation to young Russian scientists made it possible, by attracting a wide range of scientific and technological communities, to conduct examination of more than five thousand applications with high quality and deadlines set by the Ministry of Education and Science of Russia.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

The use of mass media and information and telecommunication networks as an evidence of offences punished for illegal trafficking of items and materials

2020 ◽  
Vol 2020 (4) ◽  
pp. 80-88
Author(s):  
Andrey Antipov
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Illicit Trafficking ◽  
Special Control ◽  
Comprehensive Study

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.

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