scholarly journals Conceptual Issues of the Goals of Punishment

2021 ◽  
Vol 15 (2) ◽  
pp. 370-380
Author(s):  
IVAN V. DVORYANSKOV
Keyword(s):  
Social Justice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Current Form ◽  
Scientific Methods ◽  
Legal Norms ◽  
Dialectical Approach ◽  
Legal Nature ◽  
The Russian Federation ◽  
Conceptual Foundations

Introduction: the article considers the goals of punishment, their essence, evolution, and modern legal and doctrinal interpretation; these issues are among fundamental problems of penitentiary science. Aim: to study the legal nature, social conditionality, and achievability of the goals of punishment so as to identify their compliance with the modern criminal policy of Russia. Methods: the research is based on a dialectical approach to the study of social processes and phenomena. We use methods such as analysis, synthesis, comparative legal, retrospective, formal legal, logical, comparative methods; all of them are commonly used by the sciences of criminal law and criminology. We also apply private scientific methods such as the legal-dogmatic method and the method of interpretation of legal norms. Results: we conclude that the time has come to change the conceptual foundations on which the institution of the goals of punishment is based. We believe it is necessary to prevent crimes by combining criminal responsibility with education and prevention. The level of recidivism, the empirical non-verifiability of reformation, and the scientific inconsistency of the phrase “restoration of social justice” (how can we restore what should be an unshakable axiological guideline?) indicate that Russian penology should radically revise the existing punitive paradigm. The paper substantiates the thesis that no goal of punishment in the current form is fully achievable. It is known that general prevention is based on fear. However, according to criminological studies, those who are inclined to commit crimes, as a rule, are not afraid of punishment (their contempt for punishment, law and society as a whole is obviously cultivated by the criminal subculture). And law-abiding people do not commit crimes because of their inner beliefs, upbringing and culture. Thus, general prevention as a goal is ineffective. Reformation and special prevention are too formalized and do not assume scientifically verifiable (at least, legally enacted) criteria for their achieving, that is, the state of reformation itself. With regard to the restoration of social justice, this formulation seems absurd due to a misunderstanding of justice as such. In our opinion, it is an objectively established axiological system, which essentially cannot be violated by a crime, but represents a standard and a measure of evaluation. It is for a reason that it is legally defined as a requirement for a court sentence in the Criminal Procedure Code of the Russian Federation. The goal of punishment ultimately consists in the punishment itself and in the implementation of its functions (punishment, retribution, public condemnation of the crime, protection of society from criminal encroachments). Conclusions: the present research has substantiated the necessity to carry out a legislative reform of the concept of the goals of punishment. We find this problem quite relevant, because the effectiveness of judicial and penal enforcement activities and the fate of meaningless financial costs for achieving unattainable goals depend on finding a solution to it. Keywords: punishment; goal; efficiency; restoration of social justice; crime prevention; general and special prevention; reformation of convicted persons; criminal policy; conceptual foundations

scholarly journals Purpose of Punishment as Reflection of Its Social Essence

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Aleksandra Bokovnya
Keyword(s):  
Social Justice ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
The Social ◽  
Legal Nature ◽  
Moral Damage ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character

The article studies the problem of punishment purposes in terms of increasing the importance of social justice and more consistent protection of the rights of victims from criminal acts. It substantiates a model of the hierarchical construction of purposes of criminal punishment based on analysis of the historical laws concerning the purposes of punishment and a comparative study of the legislation of modern states. According to the author, the Criminal Code of the Russian Federation should first outline the purposes of criminal legislation or criminal responsibility, and in terms of it should already specify the purposes of punishment and other measures of a criminal and legal nature. The RF Criminal Code should regulate the purposes of all measures of criminal and legal character. He also considers as reasonable the concrete definition of the content for purposes of restoring the social justice by indicating in the law the fact that punishment and other ways of criminal and legal character contribute to its restoration. The article also substantiates a proposal of regulating the property damage. The article also substantiates a proposal for regulating property damages and moral damage compensations as a different measure of criminal and legal character.

scholarly journals Special Rules for Imposing Punishment: Conceptual Framework and Problems of Interaction

2021 ◽  
Vol 3 (2) ◽  
pp. 117-138
Author(s):  
Leonid A. Prokhorov ◽  
◽  
Valeriya V. Poltavets ◽  
Elena A. Yelets
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Structural Units ◽  
Scientific Methods ◽  
Legal Nature ◽  
The Russian Federation ◽  
Special Rules ◽  
Conceptual Foundations ◽  
Comprehensive Study

Introduction. The article is devoted to a comprehensive study of the conceptual foundations of the institution of the special rules for assigning punishment and the mechanism of the interaction of those punishments. Looked at through the prism of the signs of system formation, their essence and boundaries, their legal nature and the purposes of applying these rules are made clearly visible. This study also investigates the problems of the interaction of special rules for their appointment both among themselves as well as with other structural units of the institution of sentencing. Theoretical Basis. Methods. The methods were selected based on an understanding of the goals, objectives and the object of the research. The methodological basis of the work is a set of both general scientific and specific scientific methods of the cognition of social and legal phenomena. These are the analysis, synthesis, induction, deduction, system-structural, comparative-legal, historical-legal, and formal-legal methods. Results. The article is devoted to a comprehensive study of the conceptual foundations of the in- stitution of special sentencing rules. Their essence is revealed through the prism of system-form- ing features, their circle, content and legal nature, and the purpose of applying these rules are specified. The problems of interaction of special rules of appointment both among themselves and with other structural units of the institution of sentencing are also investigated. Discussion and Conclusion. On the basis of this study, the distinctive features of the special rules for the assignment of punishment are established, Using this, the author formulates a definition, according to which the special rules for the assignment of punishment are the rules provided for in the criminal and criminal procedure code of the Russian Federation, and which are applied by the court in the process of individualising the punishment to the guilty person. This needs to take take into account the understanding of the characteristics of the committed crime, the identity of the perpetrator and the specifics of the implemented form of criminal proceedings. Finally, a conclusion is made about the relative independence of the above rules, which is confirmed not only by their separate consolidation in the Criminal Code of the Russian Federation, but also by the presence of iinherent features which allow them to be distinguished from general principles, principles and other rules for assigning punishment. The ratio of general and special rules is due to the specifics of the application, the interaction of the named rules, and their influence on the choice of the punishment and their functional purpose.

Procedural features of electronic text evidence as sources of evidence in civil cases related to the protection of intellectual rights

2020 ◽  
pp. 530-540
Author(s):  
Anna Zhuikova
Keyword(s):  
Electronic Text ◽  
Scientific Methods ◽  
Electronic Documents ◽  
Optimal Functioning ◽  
Legal Nature ◽  
General Scientific ◽  
The Russian Federation ◽  
Civil Cases ◽  
Use Of The Internet ◽  
The Relationship

Taking into consideration the legal nature of evidence, we analyze the main procedural features of evidence widely used by persons participating in the case when resolving civil cases related to the protection of intellectual rights, such as screenshots of materials posted on Internet sites, electronic messages. We define the general features that characterize the indicated sources of evidence in this category of disputes. We point out, in particular, the objective influence of the procedural rules governing the rules of jurisdiction over intellectual disputes, as well as the substantive rules of Part 4 of the Civil Code of the Russian Federation, on the features of the development and provide evidence for the protection of intellectual rights in court, sources of evidence. We describe the relationship between the concepts of electronic documents, written evidence, and evidence generated through the use of the Internet. When applying general scientific methods of comparative analysis (in relation to certain sources of evidence) and deduction (in relation to the analysis of special norms through the prism of general, basic, main procedural institutions that regulate relations in terms of the legal nature and characteristics of the evidence presentation in the category of cases under consideration), we form the main conclusions in terms of possible options for the development of these procedural institutions. We prove the necessity of the proposed changes for the purpose of the subsequent optimal functioning, action and application of the norms governing the evidence process in this category of cases, the concept of “electronic text evidence” is introduced.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

scholarly journals ON THE LEGAL NATURE OF LAW OF CONFLICT

2020 ◽  
Vol 16 (3) ◽  
pp. 64-72
Author(s):  
Наталия Латыпова ◽  
Наталья Ямалетдинова
Keyword(s):  
Empirical Methods ◽  
Unified Approach ◽  
Dialectical Logic ◽  
Conflict Of Laws ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scientific Discussion ◽  
Legal Nature ◽  
Points Of View ◽  
Development Methods

The term “law of conflict” has firmly entered the categorical apparatus of Russian legal science, but today there is no unified approach to determining its place in the legal system. The article analyzes the scientific discussion, highlights the main points of view in the field of researching law of conflict. Purpose: to analyze the legal nature of law of conflict and determine the main trends in its development. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the legal nature of law of conflict is manifested primarily in conflict of laws dispersed in various branches of law that ensure law consistency and structural organization. Therefore, it does not belong expressly to any branch. The authors propose to consider law of conflict as a complex inter branch-legal institution.

Grounds for the mitigation of criminal punishment in the criminal legislation of Russia

2019 ◽  
pp. 116-122
Author(s):  
Сергей Владимирович Тасаков ◽  
Владимир Сергеевич Тасаков
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation

В статье рассматриваются основания смягчения уголовного наказания в уголовном законодательстве Российской Федерации. Основания смягчения уголовного наказания направлены на снижение бремени уголовного наказания, что в свою очередь опосредованно влияет на процесс реализации уголовной политики. Проводится различие терминов «смягчение» и «освобождение» от уголовной ответственности и ее «исключение». Исследуются межотраслевое содержание системы оснований смягчения уголовного наказания, а также признаки системы оснований смягчения уголовного наказания и классификация оснований смягчения уголовного наказания. Дается доктринальное определение системы оснований смягчения уголовного наказания. The article discusses the grounds for mitigating criminal punishment in the criminal legislation of the Russian Federation. The grounds for mitigation of criminal punishment are aimed at reducing the burden of criminal punishment, and that, in turn, indirectly affects the process of implementation of criminal policy. A distinction is made between the terms “mitigation” and “exemption” from criminal responsibility and its “exclusion”. The intersectoral content of the system of grounds for mitigation of criminal punishment, as well as signs of the system of bases for mitigation of criminal punishment and the classification of the grounds for mitigation of criminal punishment are investigated. A doctrinal definition of the basis for the mitigation of criminal punishment is given.

scholarly journals THE CONCEPT OF MODERNIZATION OF CRIMINAL LEGISLATION ON CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY ON THE BASIS OF GENERAL PRINCIPLES OF CRIMINAL LAW

2020 ◽  
pp. 22-27
Author(s):  
V.A. Poltarykhin
Keyword(s):  
Criminal Law ◽  
Economic Activity ◽  
Comparative Research ◽  
Theoretical Study ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
General Concept ◽  
Legal Norms ◽  
Radical Reform ◽  
Criminal Legislation

The purpose of this study is to develop a General concept of reforming criminal legislation on responsibilityfor crimes in the sphere of economic activity on the basis of fundamental provisions-the principles of criminallaw and criminal policy. The author proposes criteria for the allocation of certain principles, ideas of thecommon system of basic legal norms which can be applied to processes of criminalization and penalizationof acts that establish differentiated rules and procedures of exemption from criminal responsibility foreconomic crimes, and determine the areas of combating crime, which proposed the principle most popular.The main methods used by the author in the course of the study were the method of comparative research,system-historical, and integrative. As a result of the conducted research, the author comes to the conclusionthat the objectively existing need for a radical reform of the system of responsibility for crimes in the sphereof economic activity can not be realized without a sufficient level of theoretical study, in the theoreticalmodeling of the system of responsibility, of course, must lie fundamental ideas, which can include theprinciples of criminal law in refraction in relation to a specific, uncharacteristic for criminal law sphere ofinfluence.

scholarly journals Improvement of Legal Norms of the Criminal Law Regulating Release from Criminal Responsibility due to Active Repentance, Reconciliation of the Parties and Appointment of a Measure of a Criminal Legal Nature in the Form of a Judicial Fine

2020 ◽  
Author(s):  
А.В. Равнюшкин ◽  
А.П. Нагорный
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Norms ◽  
Legal Nature

Введение: в статье рассматриваются проблемные вопросы освобождения лиц от уголовной ответ- ственности в связи с деятельным раскаянием, примирением с потерпевшим, назначением судебного штрафа. Отмечается, что настоящая конструкция норм, предусмотренных в ст. 75, 76 и 76.2 Уголовного кодекса РФ (УК РФ), способствует стремительному росту числа уголовных дел, прекращенных органами внутренних дел по основаниям, указанным в ст. 25, 25.1, 28 Уголовно-процессуального кодекса РФ (УПК РФ), в том числе и в отношении лиц, неоднократно совершающих общественно опасные деяния. Материалы и методы: материалами исследования послужили нормы, УК РФ, УПК РФ, других пра- вовых актов, статистические данные, судебная практика и научная литература. В работе использовались логический, статистический, системно-структурный и формально-юридический методы. Результаты исследования: обосновывается необходимость внесения дополнений в статьи 75, 76 и 76.2 УК РФ для исключения повторного освобождения от уголовной ответственности в связи с деятельным рас- каянием, примирением с потерпевшим, назначением судом судебного штрафа лиц, совершивших умыш- ленные общественно опасные деяния, и реализации профилактики их общественно опасного поведения. Обсуждение и заключения: исследованы причины и последствия освобождения, в том числе неод- нократного, от уголовной ответственности по рассматриваемым основаниям в отношении одних и тех же лиц. Отмечается, что повторное освобождение одного и того же лица от уголовной ответственности по одному и тому же нереабилитирующему основанию не отвечает принципу справедливости. Предлагается устранить пробел в законодательстве путем введения в УК РФ норм, исключающих возможность неодно- кратного освобождения от уголовной ответственности по данным основаниям.

scholarly journals Methodology for the study of the conceptual foundations of pension legislation in the United Kingdom, France, and Russia

2021 ◽  
Vol 118 ◽  
pp. 02005
Author(s):  
Anna Viktorovna Aleksandrova ◽  
Angelina Vyacheslavovna Lapaeva ◽  
Anastasia Andreevna Ryzhova ◽  
Elena Alekseevna Serebryakova
Keyword(s):  
United Kingdom ◽  
Pension Insurance ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Budget Support ◽  
The United Kingdom ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Framework Development ◽  
Conceptual Foundations

The study’s objective is to develop a methodology for studying the conceptual foundations of pension legislation in three countries: the United Kingdom, France, and Russia. The following methods were used to perform the tasks set out in the introduction: analysis and synthesis, induction and deduction, systematic, sociological, statistical, formal-legal, comparative-legal, historical, and legal methods. The result of this work was the author’s methodology for studying the conceptual foundations of pension legislation. This methodology includes the following elements: definition and justification of the subject of research, establishing its spatial and temporal framework, development and justification of the author’s periodization of the conceptual foundations of pension legislation. In addition, as part of this study, the need to apply the conceptual foundations of pension legislation such methods of knowledge as dialectical approach, general scientific methods (analysis, synthesis, systematic), private scientific methods (sociological, statistical, mathematical), and private legal methods (formal-legal, comparative-legal, historical and legal) is justified. The choice of three specific countries is since they represent different models of pension provision and different legal families. The study proves the special methodological significance of considering pension as a combination of two interrelated elements: pension insurance and budget support. The study’s novelty is due to the problem statement (the conceptual foundations of the pension legislation of the United Kingdom, France, and Russia are the first to appear as the subject of the study), as well as the interdisciplinary nature of the proposed approaches. The developed methodology can be used to study pension and other social security legislation and be extended to other countries as objects of study.

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