STRENGTHENING LEGALITY IN THE LAW ENFORCEMENT AGENCIES FUNCTIONING AT THE STAGE OF INSTITUTING CRIMINAL PROCEEDINGS AS A MEANS OF PROTECTING THE RIGHTS OF CITIZENS

Drug Crime ◽

The Russian Federation ◽

The Law ◽

The One

In the article the author examines the issues related to the improvement of legislation in the functioning of law enforcement agencies, in particular that on their counteraction to organized drug crime. We are talking about the amendment to Article 146 of the Criminal Procedure Code of the Russian Federation, according to which criminal proceedings on crimes under Articles 228.1 and 228.4 of the Criminal Code of the Russian Federation on the fact of illegal drugs dealing cannot be initiated in the absence of data on the type, weight and name of drugs, as well as sufficient evidence indicating their transfer to other persons. The law-in-draft is aimed, on the one hand, at protecting citizens, on the other – at increasing the exactingness to law enforcement agencies at the initial stage of criminal – proceedings related to drug crime. The grounds for instituting a criminal proceeding for illegal drug dealing should be the facts of drug transfer to another person, as well as an expert opinion determining their mass, type and name.

The Prosecutor as a Coordinator of the Law Enforcement Activities in the Fight Against Crime

Legal Concept ◽

10.15688/lc.jvolsu.2021.2.3 ◽

2021 ◽

pp. 21-25

Author(s):

Anatoly Kruglikov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

National Guard ◽

Federal Law ◽

Criminal Proceedings ◽

Presidential Decree ◽

The Russian Federation ◽

The Law

Introduction: the paper analyzes some problems of coordinating the activities of the law enforcement agencies in the fight against crime, and the role of the prosecutor in this activity. The author notes that the achievement of significant positive results in the fight against crime is only possible with a clear coordination of the actions of the law enforcement agencies carried out in accordance with the law. These bodies are named in the Regulation on the coordination of the activities of law enforcement agencies in the fight against crime approved by Presidential Decree No. 567 of April 18, 1996, with the subsequent amendments by other Decrees of the President of the Russian Federation, the latest of which is Decree No. 640 of December 31, 2019. Such bodies are: the bodies of internal affairs of the Russian Federation, bodies of the Federal Security Service, troops of the National Guard of the Russian Federation, bodies of the criminal executive system of the Russian Federation, bodies of compulsory enforcement of the Russian Federation, customs bodies of the Russian Federation, investigative bodies of the Investigative Committee of the Russian Federation and some other bodies. In accordance with Part 1 of Article 8 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the activities of the law enforcement agencies to combat crime are coordinated by the Prosecutor General of the Russian Federation, the prosecutors of the subjects of the Russian Federation, cities, districts and other territorial prosecutors, as well as military and other specialized prosecutors equated to them. In accordance with the above-mentioned Provision, the objectives of coordination are to increase the efficiency of fight against crime by developing and implementing coordinated measures by these bodies for the timely detection, solving, suppression and prevention of crimes, eliminating the causes and conditions that contribute to their commission. When writing the work, various methods of scientific knowledge were used: systematicity, analysis, synthesis, the formal-legal one, etc. Results: the author considers the basic principles of coordination of the activities of the law enforcement agencies, its main directions and forms. Conclusions: the practice of coordinating the activities of the law enforcement agencies should be constantly analyzed to study the best practices in the prevention and detection of crimes, the protection of the rights and freedoms of citizens in criminal proceedings, and to take into account the essence of court decisions made based on the results of the reviewed activities.

The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

10.17150/2500-4255.2018.12(6).836-844 ◽

2018 ◽

Vol 12 (6) ◽

pp. 836-844

Author(s):

Michail Sagandykov ◽

Galia Shafikova

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

Criminal Code ◽

Theoretical Research ◽

Labor Rights ◽

Labor Legislation ◽

The Russian Federation ◽

The One ◽

Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

Specifics of some anti-corruption measures in Russia within the framework of public and state security

Current Issues of the State and Law ◽

10.20310/2587-9340-2020-4-16-541-547 ◽

2020 ◽

pp. 541-547

Author(s):

Tatyana Plotnikova ◽

Andrey Paramonov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Procedure ◽

Presumption Of Innocence ◽

Criminal Proceedings ◽

State Security ◽

Procedure Code ◽

Illegal Acts ◽

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.

FORMS AND METHODS OF PARTICIPATION OF PRIVATE SECURITY GUARDS AND VOLUNTARY PEOPLE'S PATROL IN RESPONSE TO ILLEGAL TRAFFICKING OF WEAPONS

Current Issues of the State and Law ◽

10.20310/2587-9340-2018-2-8-78-95 ◽

2018 ◽

pp. 78-95

Author(s):

Denis Mikhaylovich Denisov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Negative Impact ◽

National Guard ◽

Criminal Code ◽

Private Security ◽

Security Guards ◽

Security Issues ◽

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.

Some Aspects of Prevention and Investigation of Damage to the Railway Telecommunications Facilities

10.17150/2500-4255.2018.12(3).358-365 ◽

2018 ◽

Vol 12 (3) ◽

pp. 358-365

Author(s):

Igor Ozerov ◽

Olga Katayeva ◽

Denis Rudov ◽

Elena Cherkasova ◽

Anastasia Volchenko ◽

...

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Expert Knowledge ◽

Preliminary Investigation ◽

Criminal Procedure ◽

Criminal Code ◽

Customs Union ◽

Telecommunications Infrastructure ◽

The Russian Federation ◽

The Law

The authors study the issues of preventing the damage to the railway telecommunications infrastructure by analyzing the current criminal procedure legislation, criminal legislation and criminalistics views on the methods and means of counteracting crimes under Art. 215.2 of the Criminal Code of the Russian Federation. They present the algorithm of actions of the law enforcement employees and the specialists servicing the railway facilities when such offences take place. The authors analyze the procedural investigative activities regarding the employees of the organizations that service the railway infrastructure. The investigation of crimes under Art. 215.2 of the Criminal Code of the Russian Federation requires expert knowledge in the sphere of servicing railway transport. The authors specifically examine some evidence acquired during the preliminary investigation and the methodology of some investigative actions (interrogation of witnesses, representatives of the aggrieved party, inspection of the crime scene). They analyze the procedure of evaluating the damage inflicted on sophisticated telecommunication facilities. They also single out a number of special characteristics of the investigative methodology for crimes under Art. 215.2 of the Criminal Code of the Russian Federation when specialists in servicing complex telecommunications facilities are called to give testimony. It is noted that countries bordering on the Russian Federation and members of the Customs Union are gradually harmonizing their criminal and criminal procedure legislation with the legislation of the Russian Federation. The paper states that today the Russian Federation has sufficient legislative base to form a system of preventing crimes against railway telecommunications infrastructure. In conclusion the authors present a number of measures to counteract crimes under Art. 215.2 of the Criminal Code of the Russian Federation, offer their brief description and the recommendations for using them. They stress the necessity of cooperation between the owners of the railway facilities, the law enforcement bodies and the mass media.

Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

10.17150/2500-4255.2019.13(4).651-660 ◽

2019 ◽

Vol 13 (4) ◽

pp. 651-660

Author(s):

Natalya Artebyakina ◽

Tatyana Makarova

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Local Governance ◽

Criminal Code ◽

Legal Analysis ◽

Criminal Proceedings ◽

Criminal Cases ◽

False Information ◽

Justices Of The Peace ◽

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

Current problems of the institute of extradition in modern criminal proceedings Russian Federation

Courier of the Kutafin Moscow State Law University ◽

10.17803/2311-5998.2020.74.10.126-135 ◽

2020 ◽

pp. 126-135

Author(s):

S. V. Matveev ◽

S. M. Kolotova

Keyword(s):

Law Enforcement ◽

International Cooperation ◽

Russian Federation ◽

Legal Regulation ◽

Theory And Practice ◽

Criminal Proceedings ◽

Criminal Process ◽

Legislative Framework ◽

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered.

Discretionary Model of Legal Regulation of a Criminal Case and Criminal Prosecution Termination: Pro et Contra

Actual Problems of Russian Law ◽

10.17803/1994-1471.2020.120.11.214-222 ◽

2020 ◽

Vol 15 (11) ◽

pp. 214-222

Author(s):

G. N. Kucherov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Legal Regulation ◽

Criminal Case ◽

Criminal Prosecution ◽

Criminal Proceedings ◽

Enforcement Officer ◽

The Russian Federation ◽

Law Enforcement Officer ◽

The Law

The paper discusses the issues of choosing the most effective model of criminal proceedings termination, analyzes the proposed in the scientific literature model of refusal of the discretion of the law enforcement officer when making an appropriate procedural decision. The author, based on the practice of the European Court of Human Rights, the Constitutional Court of the Russian Federation and the decisions of the Plenum of the Supreme Court of the Russian Federation, studies the relationship between the principle of justice and the legality of procedural decisions to terminate a criminal case and criminal prosecution. The author concludes that the discretionary model of legal regulation of a criminal case and criminal prosecution termination is an effective means of achieving the purpose of criminal proceedings, allowing the law enforcement officer to make a fair decision, given the nature, degree of social danger of the crime, the circumstances of its commission, information about the identity of the person who committed the crime. Refusal of the discretion of the law enforcement officer in the matter of terminating a criminal case will not only not contribute to the humanization of legislation, but will mark the victory of formalism over justice in criminal proceedings.

Relevant issues of conducting verification of reports on illegal banking operations

Юридические исследования ◽

10.25136/2409-7136.2021.10.36539 ◽

2021 ◽

pp. 1-8

Author(s):

Anisya Aleksandrovna Dementyeva

Keyword(s):

Russian Federation ◽

Criminal Procedure ◽

Criminal Code ◽

Criminal Case ◽

Criminal Proceedings ◽

Legitimate Business ◽

The Russian Federation ◽

Major Attention ◽

Banking Operations

This article is dedicated to the issues of conducting audit pursuant to the Article 144 of the Criminal Procedure Code of the Russian Federation on report of crimes established by the Article 172 of the Criminal Code of the Russian Federation. Methodological framework for this research consists of dialectical, logical, and formal-legal methods; the normative framework is comprised of the Constitution of the Russian Federation, criminal and criminal procedure legislation of the Russian Federation, local normative acts that regulate the conduct of audit initiating at the stage of initiating a criminal case. Major attention is turned to the theoretical and applied issues associated with the initiation of criminal cases stipulated by the Article 172 of the Criminal Code of the Russian Federation. Analysis is conducted on the peculiarities of seizure of objects and documents on this category of crime; as well as on the goals, tasks, methods of seizure, and admissible procedural actions. The author examines the questions of admissibility of evidence received at the state of opening a criminal case, their role in subsequent stages of criminal proceedings. Assessment is given to the existing theoretical and practical views on the possibility of instituting a search and seizure prior to opening a criminal case. The author analyzes case law on the topic, and concludes on the need for further amendments. The importance of observing the rights and legitimate interests of individuals and companies in the course of pre-trial proceedings pertinent to the reports of illegal banking operations is substantiated. The author also indicates that arbitrary interference of law enforcement agencies in legitimate business activity is unacceptable.  

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

10.17150/2500-4255.2019.13(2).291-299 ◽

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.