scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

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 Mediation in Bribery: Gaps in the Legal Interpretation

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Legal Interpretation ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Objective Aspect

The article considers and analyzes some gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation. It examines the objective aspect of the crime, and also presents the problems of prosecuting for mediation in bribery according to the specifics of the qualification of this socially dangerous act. The author substantiates the grounds and limits of criminal liability for mediation in bribery, taking into account the act of committing various forms of this crime. On the basis of a comprehensive analysis of criminal legislation and scientific works of not only Russian scientists, but also foreign experts in the field of criminal law, the main prospects for the development and solution of the above mentioned problematic issues related to gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation are proposed. Special attention is also paid to certain issues of qualification of the investigated act, which directly depend on the amount of the bribe. As a result of the study, it is recommended to introduce some changes and additions to Parts 1 and 5 of Article 291.1 of the Criminal Code of the Russian Federation.

scholarly journals Criminal policy of Russia during a pandemic

2021 ◽  
Vol 108 ◽  
pp. 02017
Author(s):  
Aleksandr Viktorovich Pobedkin ◽  
Andrey Petrovich Fil’chenko ◽  
Tatyana Valentinovna Pinkevich ◽  
Natalia Eduardovna Martynenko ◽  
Vladimir Yurievich Zhandrov
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Main Research ◽  
Legal Response ◽  
The Russian Federation ◽  
Political Decisions

The consequence of the pandemic caused by COVID-19 was the introduction of social restrictions, which led to an increase in the number of users of social networks, as well as their activity on the Internet. The involvement of citizens in the digital environment has changed the targets of criminal efforts of the criminals. The public’s fear of the coronavirus was subjected to criminal exploitation, new forms and methods of theft appeared, as a result, the spectrum of crime shifted to the criminal use of information and communication technologies (hereinafter – ICT. The purpose of the study is to analyze the dynamics of the indicators of Russian crime during the pandemic, to assess the adopted criminal-political decisions in terms of adequacy to the changes in crime, to develop on this basis the proposals for criminal law improvement able to increase the consistency of the current Criminal Code of the Russian Federation and its compliance with the requirements of the criminal-political situation in Russia. The assessment of the sectoral structure consistency in the regulation of criminal liability for committing crimes in the special conditions of a pandemic was used as the main research method. The research was carried out by the authors based on the dialectical method, which made it possible to manage changes in social reality by means of legal response, other scientific methods: sociological, modeling, concrete historical, comparative were applied as well. The results obtained showed that overcoming the negative changes in crime requires adjusting the vector of criminal policy from liberalization towards tightening in relation to crimes committed using ICT. It is proposed to expand the list of aggravating circumstances, limit the use of some mechanisms for terminating criminal liability associated with exemption from it, and review the possibilities of applying conditional conviction to persons who have committed crimes in a pandemic, up to and including refusal of this form of implementation of criminal liability. The formulated new proposals for improving the General Part of the Criminal Code of the Russian Federation restore the consistency of the criminal law and increase the consistency of criminal-political decisions during a pandemic.

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 Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

Judicial penalty as an element of “quasi-criminal law”

2020 ◽  
pp. 34-42
Author(s):  
Олег Вячеславович Дорошенко
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Criminal Penalty ◽  
Physical Suffering ◽  
Legal Nature ◽  
The Russian Federation

В статье рассматриваются проблемные аспекты судебного штрафа. Делается вывод, что, поскольку судебный штраф по своей правовой природе является иной мерой уголовно-правового характера, поэтому он должен быть справедливым (ст. 6 УК РФ), не может иметь своей целью причинение физических страданий и унижение человеческого достоинства (ст. 7 УК РФ). Судебный штраф схож с уголовным наказанием, поскольку лицо, совершившее преступление и освобожденное от уголовной ответственности с назначением судебного штрафа, испытывает страдания, схожие со страданиями лица, к которому применено уголовное наказание, однако в меньших размерах. Проводится сравнительный анализ штрафа как уголовного наказания и судебного штрафа. Делается вывод, что в некоторых случаях судебный штраф является более строгой мерой, нежели штраф как уголовное наказание. Анализируется статистика назначения судебного штрафа. Автор приходит к выводу, что при назначении судебного штрафа должно учитываться мнение потерпевшего (при его наличии). The article discusses the problematic aspects of the court fine. It is concluded that a judicial fine by its legal nature is a different measure of a criminal-law nature, since it is established for committing crimes (Art. 2 of the Criminal Code of the Russian Federation), it must be fair (Art. 6 of the Criminal Code of the Russian Federation), and it cannot aim at causing physical suffering and humiliation of human dignity (Art. 7 of the Criminal Code of the Russian Federation). The court fine is similar to criminal punishment, since the person who committed the crime and who is exempted from criminal liability with the imposition of a judicial fine suffers similar suffering to the person to whom the criminal penalty was applied, but to a lesser extent. A comparative analysis of the fine as a criminal punishment and the judicial fine is carried out. It is concluded that in some cases, a judicial fine is a more severe measure than a fine as a criminal punishment. The statistics of the appointment of a fine are provided. The author concludes that when imposing a fine, the opinion of the victim (if any) should be taken into account.

Trends of the Development of Criminal Law at the Modern Stage

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Алла Гравина ◽  
Alla Gravina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Main Stream ◽  
Negative Effect ◽  
The Russian Federation

The article analyses the modern criminal law, factors having negative effect on its development according with social, political and economic needs in the Russian Federation. Humanism is the main stream determining these trends. The author treats exercise of the principle of humanism in General and Special parts of the Criminal Code of the Russian Federation. The work provides criminal statistics of the recent years. It pays particular attention to the reasons disturbing stability of law, leading to excess of legal regulation and excess of repressiveness of criminal law. It is impossible to predict the trends of criminal law without taking into account the political, social, economic development of the society, which determine the criminal policy of the country. The stability of law is also determined by them. The main methods of criminal policy are criminalization, decriminalization, penalization and depenalization. The article considers influence of criminalization and decriminalization on criminal law. The main trends in the development of criminal law is the further differentiation of criminal responsibility and expanding the list of forms of punishment not connected with isolation of guilty person from a society; introduction of less severe punishment. Some forms of differentiation of criminal liability such as — returning of administrative prejudice to criminal law, transfer of certain types of punishment to the category of other measures of criminal law applicable to the exemption from criminal liability; forecasting of introduction some new types of offences to the Criminal Code as well as support of the preparation of the Concept of modernization of criminal law.

scholarly journals Illegal Production of Medical Agents and Equipment (Article 235.1 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 845-855
Author(s):  
Aleksey Rarog
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Optimal Solution ◽  
Criminal Code ◽  
The Russian Federation ◽  
Special Rules ◽  
Criminal Legislation

Illegal production of medical agents and equipment poses a global threat to public health of all countries, not to mention its harm to the economy. Human life and health should be protected not only by industry laws that regulate the production and distribution procedures, but also by criminal legislation that establishes liability for most dangerous violations of prohibitions in medicine and pharmacology. The legislative experience of foreign (mostly European) countries shows that the optimal solution to the problem of criminal liability in cases of grave violations of the production and trade procedures for medical production is to introduce criminal law norms with blanket dispositions, where the components of the actus reus of the offence are described though regulatory laws that set special rules and prohibitions for medical services and pharmaceuticals. The analysis of international legal norms and criminal legislation of some foreign countries and the Russian Federation allows the author to prove that it is necessary to single out medical criminal law as a specific sub-branch of Russian criminal law, where pharmaceutical criminal law could become an autonomous institute. The author presents an analysis of the constituent elements of the crime under Art. 235.1 of the Criminal Code of the Russian Federation and concludes that the terminology of criminal law does not fully correspond to the concepts in healthcare legislation, and also that the analyzed norm in its present edition should not be included in the Chapter on crimes against public health and morals; the author offers his own version of this norm.

scholarly journals The Development and State of Criminal Legislation on Responsibility for Smuggling Strategically Important Goods and Resources

Lex Russica ◽  
2021 ◽  
pp. 77-91
Author(s):  
T. D. Ustinova ◽  
A. S. Rubtsova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Customs Union ◽  
Biological Resources ◽  
Rare And Endangered ◽  
The Russian Federation ◽  
The Cost ◽  
Criminal Legislation

The paper is devoted to monitoring the development in the Russian criminal legislation of responsibility for the illegal movement of strategically important goods and resources across the customs border of the Customs Union within the EurAsEC or the State border of the Russian Federation. At the same time, the author argues the correctness of the indication in the disposition of Art. 226.1 of the Criminal Code of the Russian Federation a State Border as a place of commission of the crime under consideration. The author provides a detailed list of strategically important goods and resources, since the establishment of the subject matter of a crime makes it possible to qualify the offense and differntiate criminal smuggling from smuggling the responsibility for which is envisaged only in administrative legislation. The author substantiates the statement according to which this type of smuggling infringes not on public safety, but on relations in the field of economic activity. Therefore, a proposal is made to return the criminal law rule to Ch. 22 of the Criminal Code of the Russian Federation. At the same time, it is proposed to establish criminal liability for smuggling flora and fauna items classified as strategically important goods and resources in a separate article in the Chapter entitled "Environmental Crimes" with due regard to the social danger of this act. The liability should not be related to the value of the goods and resources being moved. Taking into account only the cost of biological resources in their protection under criminal law does not reflect the real social danger of these acts. The need for the protection of biological resources using criminal law instruments is caused not only and not so much by economic preconditions but by the need to preserve rare and endangered representatives of flora and fauna for future generations—the most important components of the ecosystem of the entire planet. The author draws conclusions largely aimed at observing the systematic nature of the criminal law due to the peculiarities of the object of the offence.

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