scholarly journals Legal and Applied Aspects of Abuse of Office

2021 ◽  
Vol 3 (13) ◽  
pp. 107-110
Author(s):  
E. I. PEN’KOV ◽  

The article provides a criminal-legal description of the abuse of official powers, identifies the problems of proving a selfish motive, collecting, checking and evaluating evidence in the investigation of crimes provided for in Article 285 of the Criminal Code of the Russian Federation. We pay special attention to the intelligence-gathering support to the investigation of abuse of official powers, its role in the fight against official crime, taking into account the current stage of development of social and economic relations.

2020 ◽  
Vol 3 (3) ◽  
pp. 164-190
Author(s):  
Vadim Nikonov ◽  
Valerii Posmetev

The article discusses the features of the transportation of timber by various types of transport currently used in the Russian Federation. The conditions for their application are given, taking into account the availability of the used transport routes, as well as the capabilities of the region. The main design features of these types of transport are described. The most important advantages of using road transport for hauling timber in comparison with land, water, pipeline and air transport are presented.


2020 ◽  
Vol 20 (5) ◽  
pp. 67-73
Author(s):  
U.A. Starshova ◽  

Foreign experience of social state formation is considered. The current stage of development of the social state in Russia is studied. Special attention is drawn on the amendments to the Constitution of the Russian Federation in this area.


2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin

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.


2016 ◽  
Vol 11 (2) ◽  
pp. 94-98
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko

In the article the modern criminal law policy is viewed as a multidimensional socio–legal phenomenon. The author distinguishes several levels of legal policy: theoretical, directive, legislative, institutional and enforcing. The article shows that the modern stage of development of criminal law policy is characterized by strengthening of negative tendencies at all levels of development, formation, organization and implementation of criminal policy. As a result, in the Criminal Code of the Russian Federation inoperative statutes and double regulations appeared, the inclusion of which in the criminal law creates confusion and leads to difficulties in law enforcement practice. Casuistry of criminal law policy is evident not only in norms of the Special part of the Criminal code of the Russian Federation, but also in the requirements of the Special part that violates the consistency of the criminal law, reduces the quality of legal rules and the effective protection of the rights and legitimate interests of citizens by criminal law means. In general criminal policy of Russia at the present stage has the reflective nature, because forms, means and methods of combating crime are determined spontaneously, under the pressure of circumstances, indicating a lack of scientifically proved criminal law policy.


Author(s):  
V.V. Rovneiko Rovneiko

The article discusses the debatable issues of the implementation in the criminal legislation of the Russian Federation of article 20 of the UN Convention against Corruption on Illicit Enrichment. The materials contained in the passport of bills on amendments to the Federal Law “On Ratification of the UN Convention against Corruption” are examined. The author analyzes various points of view on the criminalization of illicit enrichment, as well as certain aspects of disciplinary liability for the failure to provide reliable information on the income and expenses of officials and civil liability in the form of appeals to property of the state, regarding which no evidence of its acquisition by legal income was presented. Proposals are substantiated to criminalize illegal enrichment as an official crime provided for by Chapter 30 of the Criminal Code of the Russian Federation and the conclusion is drawn on the need to criminalize illegal enrichment as a crime in the field of economic activity.


Author(s):  
Vasilii Aleksandrovich Iakovlev-Chernyshev

The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.


2020 ◽  
Vol 13 (1) ◽  
pp. 15-22
Author(s):  
V. S. Gorin ◽  
A. O. Merenkov ◽  
G. A. Lastochkina

The current stage of development of the transport complex of the Russian Federation is characterized by digital transformation. The author’s study is devoted to the description and assessment of the digitalization factors of the Abstract: The current stage of development of the transport complex of the Russian Federation is characterized by digital transformation. The author’s study is devoted to the description and assessment of the digitalization factors of the transport systems of Russia, with the identification of the main transformation trends in various areas of the transport and logistics business. The authors determined the digital track algorithm in the management of modern passenger services, the trends in the digital freight transportation segment. The conclusion describes the cybersecurity factor as the main risk of digitalization.


2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.


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