THE REVIEW OF THE LEAD ORGANIZATION ON THE DISSERTATION SUBMITTED FOR CONFERRING AN ACADEMIC DEGREE OF A CANDIDATE OF LAW ON THE SPECIALTY 12.00.08 - (CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL AND PENAL LAW): ULYANOV M.V. "MIGRATION PROCESSES IN THE SYSTEM OF DETERMINING OFFENCES OF AN EXTREMIST NATURE" (MOSCOW.: THE ACADEMY OF THE GENERAL PROSECUTOR''S OFFICE OF THE RUSSIAN FEDERATION, 2017. 218 P. (WITH APPENDIX))

2018 ◽  
pp. 128-132
Author(s):  
S.F. Milyukov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Academic Degree ◽  
Penal Law ◽  
The Russian Federation

scholarly journals Scientist, mentor, teacher (for the 90th anniversary of Aleksandr Solomonovich Mikhlin’s birth) [16.02.1930–30.10.2007]

2019 ◽  
Vol 1 (3) ◽  
pp. 212-219
Author(s):  
Vyacheslav Seliverstov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Scientific Research Institute ◽  
Public Order ◽  
Legal Adviser ◽  
90Th Anniversary ◽  
Penal Law ◽  
The Russian Federation ◽  
Union Scientific Research Institute ◽  
Research Institute

This article is dedicated to the memory of ScD (Law), Professor, Honored scientist of the RSFSR Aleksandr Solomonovich Mikhlin and to the 90th anniversary of his birth. Aleksandr Solomonovich Mikhlin was born in Moscow on February 16, 1930. In 1951, he graduated from the Moscow law Institute, after which he worked as a legal adviser in the system of the Ministry of Railways. In 1954, he entered the full-time postgraduate course of the All-Union Institute of Legal Sciences of the Ministry of Justice of the USSR. In 1959, he defended his PhD thesis on the topic “Consequences of crime in Soviet criminal law” (under the scientific supervision of a well-known scientist in the field of criminal and correctional labor law, ScD (Law), Professor B. S. Utevskiy). After the defense, he worked for some time as a legal adviser, and in 1962–1965 as a scientific Secretary of the Research Institute of Technology and Chemistry. In 1965 he joined the All-Union Scientific-Research Institute of public order protection at the Ministry of public order of the RSFSR, which later was reorganized into All-Union Scientific Research Institute of the MIA of the USSR (all-Russian Research Institute of the MIA of Russia), where he worked the rest of his life. Since the end of the 60s (with the participation and also under the leadership of A. S. Mikhlin) for 30 years (in 1970, 1975, 1979, 1989, 1994, 1999) the work to prepare and conduct special censuses of convicts was carried out. A huge amount of unique information was obtained on persons sentenced to various punishments, as well as on suspects and accused for committing crimes in custody. Based on the materials of a special census in the late 60s, A. S. Mikhlin began working on his ScD thesis, which was defended in 1974 on the topic “The Identity of convicts sentenced to imprisonment and the problems of their correction and re-education”. After 1997 A. S. Mikhlin became involved in interpretation and explanation of newly adopted legal acts. Under his scientific supervision and direct participation, scientific and practical comments of the Criminal Code of the Russian Federation, the Penal Code of the Russian Federation, the Federal law on detention of suspects and accused for committing crimes, and the Criminal Procedure Code of the Russian Federation were prepared and published. Thematic judicial collections of current decisions of the Plenums of the Supreme Courts of the USSR, the RSFSR, and the Russian Federation, as well as textbooks on criminal law, penal law, and criminal procedure, were very popular. Three editions of the monograph on the death penalty were also published (in Moscow in 1997 and 2000, and in London in 1999, in English). In total, Professor A. S. Mikhlin published more than 550 scientific papers, more than 1000 printed pages, including more than 100 monographs, textbooks, commentaries, manuals on criminal and correctional labor (penal) law in various publications in Russia, the former Soviet Union Republics, as well as in the United States, Great Britain, Canada, Belgium, Romania, Czechoslovakia, Hungary, Germany, and Bulgaria.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

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.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

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