scholarly journals Genetic Engineering: Issues of Criminal Law Regulation

2020 ◽  
Vol 14 (4) ◽  
pp. 479-485
Author(s):  
O.A. Belov ◽  
◽  
Yu.N. Spiridonova ◽  
A.I. Odintsov ◽  
◽  
...  
Keyword(s):  
Genetic Engineering ◽  
Russian Federation ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Genetic Research ◽  
Legal Regulation ◽  
Human Cloning ◽  
The Russian Federation ◽  
Law Regulation

The article analyzes modern scientific achievements in the field of genetic research, considers methods of genetic engineering as an integral part of modern biomedicine, and the issues of human cloning. We examine the differences between reproductive cloning and therapeutic cloning, emphasizing the importance of the latter for improving human life, fighting various diseases, and so on. However, along with ethical problems, there are also problems in the world of legal regulation of genetic research and manipulation of human genes. We touch upon the problems of legal regulation of genome research and human cloning in foreign countries and in the Russian Federation, and, above all, the problems of criminal law regulation of genetic engineering. Based on a comparative analysis of international legal acts, national legislation of a number of countries and regulatory legal acts of the Russian Federation, we conclude that there is insufficient legal regulation of issues related to genetic research in Russia, and, supporting the opinion of a number of scientists, we propose to introduce a number of norms in the Criminal Code of the Russian Federation on criminal liability for socially dangerous behavior in the field of modern methods of biotechnology, genetic engineering, and human cloning.

scholarly journals Genetic Engineering: Issues of Criminal Law Regulation

2020 ◽  
Vol 14 (4) ◽  
pp. 556-559
Author(s):  
Oleg A. Belov ◽  
Yuliya N. Spiridonova ◽  
Aleksandr I. Odintsov
Keyword(s):  
Genetic Engineering ◽  
Russian Federation ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Genetic Research ◽  
Legal Regulation ◽  
Human Cloning ◽  
The Russian Federation ◽  
Law Regulation

The article analyzes modern scientific achievements in the field of genetic research, considers methods of genetic engineering as an integral part of modern biomedicine, and the issues of human cloning. We examine the differences between reproductive cloning and therapeutic cloning, emphasizing the importance of the latter for improving human life, fighting various diseases, and so on. However, along with ethical problems, there are also problems in the world of legal regulation of genetic research and manipulation of human genes. We touch upon the problems of legal regulation of genome research and human cloning in foreign countries and in the Russian Federation, and, above all, the problems of criminal law regulation of genetic engineering. Based on a comparative analysis of international legal acts, national legislation of a number of countries and regulatory legal acts of the Russian Federation, we conclude that there is insufficient legal regulation of issues related to genetic research in Russia, and, supporting the opinion of a number of scientists, we propose to introduce a number of norms in the Criminal Code of the Russian Federation on criminal liability for socially dangerous behavior in the field of modern methods of biotechnology, genetic engineering, and human cloning. Key words: gene; genetic research; genetic engineering; methods of genetic engineering; DNA; human cloning; criminal law regulation.

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 Problematic issues of qualifying actions encroaching upon persons executing justice or preliminary investigation

2021 ◽  
Vol 108 ◽  
pp. 02005
Author(s):  
Aleksander Nikolayevich Varygin ◽  
Irina Alekseyevna Efremova ◽  
Vladimir Gennadyevich Gromov ◽  
Pavel Anatolyevich Matushkin ◽  
Anastasiya Mikhaylovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Norms ◽  
The Russian Federation ◽  
Structural Methods

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.

scholarly journals Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

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 Criminal liability for unlawful operations with securities

2020 ◽  
pp. 1-10
Author(s):  
Eleonora Romanovna Vinner
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Criminal Code ◽  
The Subject ◽  
The Russian Federation ◽  
Key Aspects

The subject of this research is differentiation by key aspects of criminal liability for unlawful operations with securities established by the Criminal Code of the Russian Federation. Conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities are highlighted. Research is conducted on the problematic of the applicability of proposed differentiation for improvements of doctrinal and normative legal approaches towards regulation of criminal liability for unlawful operations with securities. Based on the conducted differentiation, proposals are made for promising vectors of improvements to the provisions criminalizing unlawful operations with securities. The scientific novelty of this research consists in the following: based on the study carried out within the framework of conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities, the author determines the problems pertaining to incompliance of administrative legal and criminal legal regulation of liability for unlawful operations with securities due to textual ambiguity of the norm of criminal law, based on which the recommendation is made to amend Part 1 of the Article 185.1 of the Criminal Code of the Russian Federation.

scholarly journals Competing Norms on the Confiscation of Property in the Criminal and Criminal Procedure Legislation of the Republic of Belarus and of the Russian Federation

2020 ◽  
Vol 14 (6) ◽  
pp. 914-926
Author(s):  
Alexey Lukashov ◽  
Svetlana Sheveleva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Supreme Courts ◽  
Dual Nature ◽  
The Russian Federation ◽  
The Republic ◽  
Procedure Codes

The confiscation of property is a conventional measure of criminal law impact, therefore, it is included in different normative interpretations of all European states. The legal regulation of the confiscation of property changed in Belarus on July 19, 2019, when it was excluded from the system of punishments and ceased to be applied as a measure of additional punishment. The legislation preserved special confiscation of property acquired as a result of a crime or connected with committing a crime; at the same time, the scope of its application was broadened to include cases of exemption from criminal liability. Special confiscation is determined as a compulsory measure of criminal law character, and not a criminal law measure. A measure that is similar in its content — the confiscation of property — has been in force in Russia since 2006. The authors of the article describe the dual nature of confiscation provided for in the norms of the Criminal Codes and the Criminal Procedure Codes of both countries, as well as the legal ambiguity of these norms. They analyze the legal positions of the Constitutional and the Supreme Courts of Belarus and Russia on the problem of the correlation and application of competing criminal law and criminal procedure norms on confiscations, as well as the court practice of their application, which is contradictory and lacking in uniformity. They recommend how the above-mentioned norms of the Criminal and the Criminal Procedure Codes of Belarus and Russia could be amended. The authors also identify the positive and negative sides of normative regulation of confiscation in both countries and show how Russia and the Republic of Belarus could draw on the positive experience of one another: they give a positive assessment to the absence of a link between special confiscation of property and concrete articles of the Special Part of criminal legislation, as well as to the possibility of using the analyzed measure in cases of exemption from criminal liability without exoneration in Belarus law; Russian law poses a good example of regulating the possibility of seizing not only the property to be confiscated, but also money and other property whose value is proportionate to the value of the property to be confiscated in cases of its absence. It is proven that only the norms of criminal law could act as grounds for the confiscation of property in the Russian Federation (special confiscation in the Republic of Belarus). Criminal procedure norms should just regulate the procedure of applying the norms of criminal law on the confiscation of property (special confiscation).

scholarly journals Criminal legal regulation of the blockchain functioning sphere in Russia: challenges and barriers

2021 ◽  
Vol 108 ◽  
pp. 02014
Author(s):  
Sona Martirosovna Mkrtchian
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Study Objective ◽  
Russian Scientific ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Russian Federation ◽  
Law Regulation

Research background. Despite the enormous attention of the scientific community, legislators, and law enforcement officials to the development and implementation of measures to combat cybercrime, the sphere of blockchain functioning and cryptocurrency circulation remains outside the scope of most criminal law research. This causes perplexity in the context of the desire of state bodies to introduce blockchain technology in many significant areas of society, as well as to introduce a regulatory framework dedicated to the issues of private and public legal regulation of digital financial assets. Concerns are also caused by the increase in the number of cybercrimes and the increasing involvement in them of the blockchain technology and virtual currencies, the circulation of which is carried out based on blockchain. The need to study the prospects for criminal law regulation of the blockchain functioning spheres in the territory of the Russian Federation becomes more and more obvious in such conditions. Study objective: to identify and to study the main challenges (problems) for modern criminal law regulation of the blockchain functioning sphere, possible barriers (obstacles) that reduce the effectiveness of such regulation, as well as potential directions for responding to these challenges and overcoming such barriers. Methods: formal legal and comparative legal research methods are widely used in conjunction with systemic, logical, and philological methods of interpreting the norms of law. The empirical part of the study is based on the investigation of judicial and other law enforcement practices, as well as transcripts of meetings of the State Duma of the Russian Federation and information from the media about criminal offenses that have become widespread in the sphere of blockchain functioning. The analysis of modern foreign and Russian scientific literature relevant to the selected research topic is carried out. Results and novelty: it is the first time that comprehensive analysis of the challenges of the current stage of the blockchain functioning sphere development, as well as legislative, law enforcement, doctrinal, and social barriers for creating a system of effective and comprehensive criminal law regulation of the named sphere, is carried out. The author’s concept of the directions of responding to the analyzed challenges and overcoming the corresponding barriers is presented.

scholarly journals COMPLISITY IN PREPARATION OF CRIME: SOME QUESTIONS OF THEORY AND PRACTICE

2021 ◽  
Vol 31 (2) ◽  
pp. 257-264
Author(s):  
L.A. Krotova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Critical Appraisal ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Theoretical Foundations

The article is devoted to the issues of criminal liability for complicity in preparation for a crime. Theoretical foundations of the legal regulation of liability for seeking accomplices of a crime and collusion of a crime, the existing judicial practice and a critical appraisal thereof by a criminal law science is discussed. The main positions regarding the possibility of complicity in the preparation of a crime, including in the situation of “failed complicity” and in the case of voluntary refusal, are highlighted. It is proposed to concretize in the decision of the Plenum of the Supreme Court of the Russian Federation the formula for qualifying an act committed by an accomplice in the preparation for a crime.

Sign in / Sign up

Export Citation Format

Share Document