scholarly journals Criminal infraction as a mean of differentiating criminal responsibility and punishment

2021 ◽  
Vol 2 (12) ◽  
pp. 62-67
Author(s):  
E. A. BABAYANTS ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation

scholarly journals A New Kind of Exemption from Criminal Responsibility: the Theoretical, Legislative and Enforcement Aspects

2017 ◽  
Vol 4 (3) ◽  
pp. 158-166
Author(s):  
N A Egorova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Supreme Court ◽  
Scope Of Application ◽  
The Russian Federation ◽  
The Difference

Questions about the place of norms about exemption from criminal responsibility with the appointment of a judicial fine in the system of criminal law institutions, the difference of judicial fine from other criminal law measures, the grounds for exemption from criminal responsibility under article 76.2 of the Criminal code, and the appointment of a judicial fine are considered. It is stated that the basis of a judicial fine may only be established by court fact of the crime of a certain category, therefore it is difficult to explain the appointment of this measure to a person suspected of committing a crime; the purpose of restoring social justice when releasing from criminal responsibility with the appointment of a judicial fine is not achieved. A critical analysis of the resolution of Plenum of the Supreme Court of the Russian Federation from June 27, 2013 No. 19 «About application by courts of the legislation regulating the grounds and procedure of exemption from criminal responsibility» (new edition) in the explanation concerning the mentioned exemption from criminal responsibility is done. It is concluded that the appearance of the considered norms in the Russian criminal law reflects not only the search of more flexible methods of criminal law impact and new criminal law measures, but also about the failure of the state and society in solving the problem of crime prevention. Legal regulation of judicial fine in the future should be more detailed, the scope of application of article 76.2 of the Criminal code is narrower, and the resolution of the Plenum of the Supreme Court of the Russian Federation should pay more attention to the interpretation of article 76.2, 104.4 and 104.5 of the Criminal code.

scholarly journals The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

2019 ◽  
Vol 13 (2) ◽  
pp. 291-299
Author(s):  
Yekaterina Yakimova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Negative Results ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Law ◽  
Entrepreneurial Activities

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals The Theory of Criminal Law Should Not Be Reduced to the Analysis and Criticism of Criminal Legislation

2019 ◽  
Vol 14 (1) ◽  
pp. 121-140
Author(s):  
Anatoly Naumov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Principle Of Legality

In both normative and sociological senses criminal law includes three components — criminal legislation, judicial practice, and criminal law doctrine, and the development of this branch of law is possible only in their unity. The criminal law doctrine is to a certain extent superior to the other components of the "triad" and involves the development of the branch’s principles, goals and objectives. At the same time, the improvement of criminal law is not the only goal of the theory of criminal law. It should not be limited only to criticism of the current legislation and proposals for its improvement. However, the vast majority of modern domestic criminal law publications, such as monographs, articles in legal periodicals, dissertations, are devoted to criticism of the current Criminal Code of the Russian Federation. Indeed, the current criminal law is not perfect, but the "imbalance" of research into the "law-making" side significantly reduces the scope of criminal law doctrine. And there will always be demand for theoretical studies on the analysis of the subject and method, system and objectives of criminal law, its sources.Debatable, for example, still is the issue of the legal nature of the decisions of the Plenum of the Supreme Court of the Russian Federation and, in particular, the judgments of the Constitutional Court of the Russian Federation. The explanations of the Plenum of the Supreme Court are a special kind of judicial interpretation and a fairly reliable tool for the courts to understand "the letter of the criminal law" and it’s applicability to the particular case. As for the assessment of the legal nature of the judgments of the Constitutional Court of the Russian Federation, the criminal law doctrine often fails to notice that they touch upon the methodological problems of the theory of criminal law. In relation to a number of criminal law prohibitions, judgments of the Constitutional Court of the Russian Federation are a source of criminal law, along with the Criminal Code. The Constitutional Court of the Russian Federation specified the most important principle of criminal law — the principle of legality and clarified the characteristics of criminality of socially dangerous acts prohibited by criminal law, which is directly related to the issue of criminal liability. In this sense, the Constitutional Court formulated a new and important addition to the content of the principle of legality — the certainty of criminal law rules, and, first of all, the criminal law prohibitions. Thus, the judicial authority overtook the criminal law doctrine in solving one of the most important issues for criminal proceedings.

scholarly journals ISSUES OF QUALIFICATION OF EXCEEDING OF JUSTIFIABLE DEFENSE LIMITS

2020 ◽  
Vol 11 ◽  
pp. 32-36
Author(s):  
Andrey V. Nikulenko ◽  
◽  
Maksim A. Smirnov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Advantages And Disadvantages ◽  
The Supreme Court ◽  
The Russian Federation

The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The paper criticizes the existing approach and offers ways to solve the indicated problems including by means of amendment of resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of September 27, 2012, On the Judicial Application of Laws on Justifiable Defense and Causing of Damage in the Course of Detention of a Criminal. The authors suggest a means of possible reconstruction of the corresponding provisions of Article 37 of the Criminal Code of the Russian Federation in view of ambiguous and often inconsistent practice of application of criminal law provisions on justifiable defense.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

scholarly journals FEATURES OF QUALIFICATIONS FRAUD IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 13 (1-2) ◽  
pp. 113-116
Author(s):  
Stanislav V Rozenko ◽  
Ksenia A Murzina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Serious Crime ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of determining a fraud in the Russian criminal law. The relevance of the topics currently defined by the presence of problems of qualification of fraud resulting from new approaches to the criminalization of theft. The subject is article 159 of the criminal code. Tasks of the article: suggestion when you know the subject of the crime under-ruined article 159 of the criminal code, in accordance with the current changes of the civil legislation of the Russian Federation, people's property, which includes rights of property; to add to article 159 of the criminal code a qualified sign of the Commission of a fraud committed by a group of individuals that alows you to qualify actions of guilty, in the case of lack of proof of their collusion, as a more serious crime than fraud committed by more than one individual; it seems necessary to define in the explanation of the resolution of Plenum of the Supreme Court position on the percenage of the causes of harware damage with the income of the victim or the aggregate income of the family of the victim, taking into account the number of family members.

scholarly journals Analysis of the criminal legislation of France, England and Spain about responsibility for lecherous actions

2021 ◽  
Vol 27 (4) ◽  
pp. 186-191
Author(s):  
Valeria A. Demidovich
Keyword(s):  
Russian Federation ◽  
Practical Experience ◽  
Legal Regulation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Job Responsibilities ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of this article is to analyse the existing legal regulation of acts that are part of the crime under Art. 135 of the Criminal Code of the Russian Federation, in the criminal legislation of foreign countries. This analysis is aimed at improving Russian legislation in terms of counteracting the commission of these crimes. The author outlines the problem of qualifying lecherous actions both in Russian and foreign legislation. The category of “lecherous acts” in the understanding of Russian legislation and its correlation with similar acts in foreign countries has been investigated. The legislative and practical experience of England, Spain and France in this area is analysed, the advantages and disadvantages of the legal regulation of lecherous actions are highlighted. Positive experience is presented as proposals for optimising Russian legislation providing for liability for lecherous acts, it is proposed to give a legal assessment of the acts provided for Art. 135 of the Criminal Code of the Russian Federation, committed with the use of telecommunication networks by persons who are legal representatives of minors, as well as persons whose job responsibilities include providing care, upbringing and rendering educational services, since the commission of a crime under Art. 135 of the Criminal Code of the Russian Federation in these conditions is a greater public danger.

scholarly journals Legislative initiatives on regulation of a criminal offense in the Criminal Code of the Russian Federation: a critical analysis

2021 ◽  
Vol 3 ◽  
pp. 25-29
Author(s):  
O.S. Kapinus ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Critical Analysis ◽  
Criminal Code ◽  
Criminal Offense ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Judicial Authority

The article analyzes legislative initiatives of the Supreme Court of the Russian Federation on introduction of the criminal offense concept in the Criminal Code of the Russian Federation. Supporting the striving of the supreme judicial authority for humanization of criminal laws, the author notes that the proposed criminal law mechanisms and means of reaching this goal contradict the conceptual origins of Russian criminal laws, deform the basic branch institutions

scholarly journals Criminalization of AUE*: the Pitfalls of the Enforcement of the Decision* The organization is banned in the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 68-73
Author(s):  
V. N. Shikhanov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Theory And Practice ◽  
Criminological Theory ◽  
Negative Consequences ◽  
Legal Assessment ◽  
The Supreme Court ◽  
The Russian Federation

The article analyzes the expected positive and possible negative consequences of the implementation of the decision of the Supreme Court of the Russia to ban the activities of the international public movement “Prisoner criminal unity” in the Russian Federation. The organization is recognized as extremist. The author considers possible options for criminal-legal assessment of the activities of adults who coordinate minor adherents of this subculture, legal assessment of the collection and storage of material and financial resources (the so-called “obshchak”), which are intended to Finance the activities of the “AUE” movement or its members. Special attention is paid to the issues of legal influence on teenagers who are in one way or another committed to the“AUE”-ideology. Based on criminological theory and practice, the author draws attention to a number of issues on which it is necessary to develop a clear position in order to avoid negative side effects from the application of the norms of the Codec of the Russia on administrative offenses and the Criminal code of the Russian Federation. Among these consequences, the risks of dramatization of evil and stigmatization with subsequent polarization of young people, excessive expansion of the boundaries of criminal repression for ideological reasons, and an increase in the mood of sympathy or imitation for those who will be brought to criminal responsibility for adhering to the criminal subculture are highlighted. According to the author, the window of opportunities for countering the criminal subculture should be used with great care, so as not to repeat the mistakes and excesses that were previously made in countering extremist activities and for the sake of eliminating which the Prosecutor General’s office of the Russian Federation, together with the Plenum of the Supreme Court of the Russian Federation, in September 2018, were forced to significantly adjust law enforcement practice.

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