Disobedience to the lawful order of law enforcement officers under Art. 19.3 Administrative Code of the Russian Federation

2020 ◽  
Vol 14 (2) ◽  
pp. 259-264
Author(s):  
N. S. Maloletkina ◽  
Author(s):  
Dmitry Ovchinnikov

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.


2021 ◽  
Author(s):  
Ivan Dvoryanskov ◽  
Elena Antonyan ◽  
Sergey Borovikov ◽  
Natal'ya Bugera ◽  
Aleksandr Grishko ◽  
...  

The textbook is prepared in accordance with the provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, federal laws, international legal acts. The concepts, categories and institutions of the General Part of criminal Law are considered in detail. All changes in the criminal legislation have been taken into account, and the latest scientific, educational and methodological literature on criminal law has been used. The material is presented in an accessible form for effective assimilation of the training course. The publication contains regulatory legal material as of May 1, 2021. Meets the federal state educational standards of higher education of the latest generation in the areas of training 40.03.01 "Jurisprudence", 40.05.01 "Legal support of national security", 40.05.02 "Law enforcement", 40.05.03 "Forensic examination", 40.05.04 "Judicial and prosecutorial activities". For students, cadets, trainees studying in these areas of training, judges, law enforcement officers, as well as for anyone interested in criminal law issues.


2021 ◽  
Vol 4 ◽  
pp. 27-30
Author(s):  
Natalya V. Landerson (Tiunova) ◽  

Тhe article considers topical issues of application of part 2 of article 28.6 of the Russian code of administrative offences, which provides for the exercise of the procedural actions of officials in case of consent of the person against whom the proceedings are conducted, with the event of a breach or appointed administrative punishment on the spot without a Protocol on a place of Commission of the offense. The positions of judicial authorities when considering complaints against rulings in this category of cases are given, and a new version of article 28.6 of the administrative Code of the Russian Federation is proposed, which will streamline law enforcement practice under this rule, minimize disputes related to the issue of proving the event of a misdemeanor, and significantly reduce the burden of courts of General jurisdiction on reviewing cases of administrative offenses in this category.


Lex Russica ◽  
2020 ◽  
pp. 54-66
Author(s):  
E. V. Luneva

The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.


2020 ◽  
Vol 1 (12) ◽  
pp. 11-16
Author(s):  
P. N. Smolyakov

The article is devoted to the exemption of legal entities from liability for administrative offenses recorded by special technical devices operating in an automatic mode and having functions of photo and film shooting, video recording, or by means of photo and film shooting, video recording. It is noted that the existing regulation in the Administrative Code of the Russian Federation in the interpretation of the highest court and other courts makes such liability ephemeral, allowing to arbitrarily shift it, for example, onto natural persons, e.i. drivers of vehicles belonging to legal entities. This situation allows legal entities with a large number of commercial vehicles throughout the country to easily avoid paying large amounts of administrative fines, which has nefative effect on pumping up the treasury and encourages further illegal behavior of their drivers on the roads. The author proposes to discuss the state of legislation and law enforcement on this issue.


Author(s):  
Lyubov V. Meshkova ◽  

The article discusses the theoretical aspects of the study of professional values, the formation of a system of value orientations of law enforcement officers, presents the results of a study of the orientation of value orientations of employees of the penal system of the Russian Federation, and based on cluster analysis, their structure is revealed.


2021 ◽  
Vol 70 (6) ◽  
pp. 17-20
Author(s):  
И.Ф. Васюкова ◽  
А.М. Васильев

Article 205.6 of the Criminal Code of the Russian Federation is an innovation in legislation, so at present there is no single qualification understanding of its application among law enforcement officers. In practice, the procedure for the application of this criminal procedure has not yet been established to the extent that would allow the existing norm to be incriminated without hindrance. Therefore, we have tried to pay close attention to this norm and reveal problematic issues


2020 ◽  
pp. 28-31
Author(s):  
Olga V. Khanineva ◽  

The article describes the main reasons for the increase in the number of registered frauds committed in the Russian Federation over the past 4 years and provides examples of the most common types of fraud committed with the use of information and telecommunication devices. The author analyzes the reasons for committing frauds using communication facilities and information and communication technologies, with the focus on their types, ways of commission, categories of citizens most susceptible to these crimes. The author lists the most common types of fraud and their nature and proposes improvements for further activities of law enforcement officers to promote cooperation with other organizations involved in transferring and storing funds of citizens (banks) and providing communication services via the Internet (providers, companies of cellular operators) with the aim to curb the growth of crimes and achieve the highquality prevention and protection of information about citizens and their funds.


Author(s):  
A.I. Glushkov ◽  
◽  
A.B Gadzhiev ◽  

The article is devoted to the analysis of the legal basis of criminal responsibility for committing murders motivated by national hatred, regulated by the norms of the criminal legislation of the Russian Federation. Legal literature, legislative acts, as well as judicial and investigative practice on this issue are analyzed. On the basis of the research, the author identifies the features of the criminal-legal qualification of murders of this category, the problems faced by law enforcement officers in this regard, as well as substantiated proposals to improve the criminal legislation and practice of its application.


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