scholarly journals Conditional early release from punishment: the interpretation of the terms of application

2021 ◽  
Vol 5 (2) ◽  
pp. 185-191
Author(s):  
A. O. Beketov ◽  
K. N. Karpov ◽  
E. V. Stebeneva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Sufficient Degree ◽  
Scientific Results ◽  
The Moment ◽  
The Right ◽  
Narcotic Drugs

The subject of the research is the public relations governing the serving of the sentence by the convicted person and the exercise of the right to parole.The purpose of the article is to determine the content and formulate proposals for improving the criminal legislation and the practice of its application on the basis of established approaches to the interpretation of the conditions for the application of parole, provided for in Art. 79 of the Criminal Code of the Russian Federation. The hypothesis of the research is the legislative wording of the conditions for the application of parole, provided for by Russian Criminal Code (paragraph "g" of Part 3 of Art. 79) – “at least three-quarters of the sentence imposed for crimes against the sexual inviolability of minors, as well as for grave and especially grave crimes related to the illegal circulation of narcotic drugs, psychotropic substances and their precursors” – do not have a sufficient degree of specificity and does not allow to unambiguously determine the moment of emergence of the right to parole.The methodology. General scientific methods (analysis, synthesis, induction, deduction) as well as private scientific methods of criminal law research (formal-legal and linguistic interpretation of legal acts) – were used. The authors propose to correct the provisions of the Russian Criminal Code and to consolidate the content of the concepts used in the criminal law on the basis of the analysis of various normative legal acts, acts of judicial interpretation and provisions of the doctrine of criminal law.The main scientific results. During the analysis of the provisions of Part 3 of Art. 79 of the Russian Criminal Code, regulating the conditions for the application of parole, the authors reveal a number of inaccuracies in the provisions of the criminal law. Such inaccuracies do not allow to unambiguously determine the grounds for parole of persons who have com-mitted crimes against the sexual integrity of minors, as well as persons who have committed grave and especially grave crimes connected with the illegal circulation of narcotic drugs, psychotropic substances and their precursors. The content of the prescriptions of clause "g" of Part 3 of Art. 79 of the Russian Criminal Code does not have an exact legislative basis, and the interpretation given by the judicial authorities does not always allow us to exclude the uncertainty of the concepts used.Conclusions. The contradictions were identified by the authors related to the inaccuracy of the legislative prescriptions used in determining some conditions for the application of pa-role. The authors conclude the need to amend the criminal law and formulated proposals that clarify the wording of Art. 79 of the Russian Criminal Code. Such corrections will eliminate the duality of understanding of certain conditions of parole and increase the effectiveness of law enforcement practice in this area.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Proof during the prejudicial inquiry of smugglingof narcotic drugs, psychotropic substances, their analogs, or precursors under the legislation of Ukraine

2021 ◽  
Vol 10 (39) ◽  
pp. 159-168
Author(s):  
Oleg Reznik ◽  
Maksym Pochtovyi ◽  
Kateryna Yanishevska ◽  
Andrii Butyrskyi
Keyword(s):  
Social Relations ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Procedural Support ◽  
The Subject ◽  
Narcotic Drugs

The object of the study is social relations regarding the prejudicial inquiry of smuggling narcotic drugs, psychotropic substances, their analogs or precursors. It has been found that there are scholars who choose different definitions for interpreting the nature of the proof, but are unanimous about the role of this process in proving a person’s guilt and choosing an adequate punishment. The authors use a set of scientific methods of modern epistemology as well as comparative, special legal, logical and other methods. We propose to analyze all the circumstances that are subject to proof during the prejudicial inquiry of smuggling of narcotic drugs, psychotropic substances, their analogs, or precursors. In this paper must identify the general grounds that must be proved in each crime and the specific circumstances that are important to prove only in the case of smuggling narcotic drugs, psychotropic substances, their analogs, or precursors. The conclusion is made about the importance of proper procedural support of criminal prosecution of persons who have committed a crime under Article 305 of the Criminal Code of Ukraine. Therefore, we propose to include in the subject of evidence for the prejudicial inquiry.

scholarly journals Circumstances excluding the criminal act, in the criminal law of Russia and Vietnam

2020 ◽  
Vol 2020 (2) ◽  
pp. 229-240
Author(s):  
Sergey Milyukov ◽  
Andrei Nikulenko
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Comparative Method ◽  
Legal Regulation ◽  
Criminal Code ◽  
Socialist Republic ◽  
Advantages And Disadvantages ◽  
Law Enforcement Officials ◽  
The Right ◽  
Criminal Legislation

the article describes the circumstances excluding criminality of the act in the criminal legislation of the Russian Federation in comparison with the corresponding Chapter of the criminal law of the Socialist Republic of Vietnam. A comparative analysis of the content of the norms regulating lawful harm is made. A number of issues related to the use of weapons by law enforcement officials in Russia and Vietnam were raised. Using the comparative method, the authors try to investigate the relevant norms, identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act. note that the authors are in the position of expanding the range of circumstances that exclude the criminality of the act, which are subject to normative consolidation in the criminal legislation. Moreover, in view of the ambiguous and often inconsistent practice of applying criminal legislation in this area, it is proposed that in the further reconstruction of the relevant norms of Chapter 8 of the criminal code, use a casual way of presentation to create the most understandable for citizens wording of norms that allow lawfully cause harm to public relations protected by criminal law. Otherwise, the very fact of their existence in criminal legislation is called into question because of the inability and unwillingness of citizens to use the right granted by law. Possible ways of resolving contradictions in the criminal legislation of Russia and Vietnam are suggested.

scholarly journals Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

2020 ◽  
Vol 17 (3) ◽  
pp. 394-401
Author(s):  
Aleksei Suslikov
Keyword(s):  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Status ◽  
The Moment ◽  
Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented. The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed. The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person. Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

On the Question of the Theoretical Foundations of Regulating Justifiable Defense in Criminal Legislation

2021 ◽  
Author(s):  
S.V. Parhomenko ◽  
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legislative Regulation ◽  
Russian Constitution ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Criminal Legislation ◽  
Theoretical Foundations

The article considers the problem of creating effective criminal legal guarantees for the natural human rights realization in terms of legal regulation of such a circumstance that precludes the criminality of an act, as a necessary defense. The need for legislative regulation of the justifiable defense institution is proved by its social and legal purpose, proceeding from the idea of natural law. To make balanced legal decisions on the justifiable defense regulation in criminal law, it is necessary to identify the shortcomings of the previous theoretical and legal approaches. Basing on the analysis of the federal legislation provisions and the criminal law doctrine, the author proposes a model of legislative regulation of the studied norm. At the same time, it is argued that the subject of defense is the main addressee of the normative provisions on the justifiable necessary defense, it is he who should be able to obtain full information that affects the assessment of the legitimacy of his behavior: from the law and until the moment of implementation of the act of defense, and not at the stage of investigation on the fact of its illegality. Following the letter and spirit of the Russian Constitution, the legislator, who has defined the range of acts prohibited by the Criminal Code, must determine the ways of exercising the right to defense. The solution to this problem must have a differentiated approach, taking into account the value of the protected good and the typical nature of the situation in which this good is threatened with harm.

Legal nature of compulsory medical measures: criminal legal and criminal executive aspects

2019 ◽  
pp. 18-29
Author(s):  
Александра Викторовна Васеловская
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Main Task ◽  
Compulsory Treatment ◽  
Security Measures ◽  
Scientific Methods ◽  
Stage Of Development ◽  
Legal Nature

Предметом рассмотрения в настоящей статье стали общественные отношения, возникающие в связи с применением предусмотренных уголовным законом принудительных мер медицинского характера. Основной задачей автора в рамках заявленного предмета стало выявление правовой природы принудительных мер медицинского характера. В процессе работы над статьей были использованы как общенаучные (анализ, синтез), так и частнонаучные методы исследования (формально-юридический, логико-языковой). Посредством применения указанных методов был проведен комплексный анализ представленных на современном этапе развития науки уголовного права подходов к определению правовой природы принудительных мер медицинского характера. Исследование показало, что на сегодняшний день в юридической науке сформировалось несколько позиций относительно определения правовой природы принудительного лечения (медико-юридические меры, меры безопасности, один из видов «иных мер уголовно-правового характера»). По мнению автора, представленные подходы не позволяют в полной мере уяснить суть принудительных мер медицинского характера и определить их место среди иных мер, предусмотренных Уголовным кодексом РФ. В статье обосновывается позиция, согласно которой принудительные меры медицинского характера не однородны по своей правовой природе. Принудительное лечение, применяемое в качестве самостоятельной меры в отношении невменяемых, не является уголовной ответственностью и не может выступать «иной мерой уголовно-правового характера», устанавливаемой за совершение преступления. В свою очередь, принудительные меры медицинского характера, назначаемые ограничено вменяемым лицам наряду с наказанием, отнесены к уголовной ответственности и определены автором в качестве некарательной формы ее реализации. С учетом представленных выводов в статье обосновывается позиция, согласно которой выявление правовой природы принудительных мер медицинского характера позволяет выработать механизм разграничения между собой уголовно-исполнительных и административных аспектов реализации принудительного лечения. The subject of this article is the public relations arising in connection with the application of compulsory medical measures. The main task of the author was to identify the legal nature of compulsory medical measures. In the process of work on the article there were used both general scientific methods (analysis, synthesis) and private scientific methods (formal-legal, logical-language methods). Using these methods, the author conducted a comprehensive analysis of the approaches presented at the present stage of development of the science of criminal law to determine the legal nature of compulsory medical measures. The study showed that today the legal science has formed several positions to determine the legal nature of compulsory treatment (medical and legal measures, security measures, one of the types of "other measures of criminal law nature"). According to the author, the presented approaches do not allow to understand the essence of compulsory medical measures and to determine their place among other measures established by the Criminal code of the Russian Federation. The article substantiates the position according to which compulsory medical measures are not uniform in their legal nature. Compulsory treatment, used as an independent measure in relation to the insane, is not a criminal liability and cannot be “other measure of criminal law nature”, established for the commission of a crime. In turn, compulsory medical measures, imposed on limited sane persons along with punishment, are criminalized and identified by the author as a non-punitive form of its implementation. The article substantiates the position according to which the identification of the legal nature of compulsory medical measures allows to develop a mechanism for distinguishing between criminal-executive and administrative aspects of the implementation of compulsory treatment.

scholarly journals Voluntary Delivery of Narcotic Drugs, Psychotropic Substances or their Analogues: Criminal Procedural Aspects of Absolute Discharge

2021 ◽  
pp. 062-068
Author(s):  
A. A. Pudovkin ◽  
◽  
D. V. Tyotkin ◽  
Keyword(s):  
Decision Making ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
The Russian Federation ◽  
The Absolute ◽  
Criminal Legislation ◽  
Inspection Of The Scene ◽  
Narcotic Drugs

The process of voluntary delivery of narcotic drugs, psychotropic substances or their analogues has been investigated. The article considers the mechanism for absolute discharge of a person who committed drug crimes in compliance with the criminal legislation of the Russian Federation. The conditions for voluntary drug delivery have been studied. The criminal procedure aspects of the absolute discharge of a person from criminal liability are also determined. The regulations for the distribution of drugs were analyzed when the employees of operational divisions carried out operational-search measures to seize them, as well as during the inspection of the scene. The article presents the problems that, in practice, when deciding on the termination of a criminal case, investigative and inquiry bodies may face. The article provides an interpretation of the criminal law norms of the Criminal Code, which affect the decision-making on the absolute discharge of a person who voluntarily expressed a desire to deliver drugs.

scholarly journals SUBJECT OF CRIMES PROVIDED FOR IN ARTICLES 228, 228.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: GENERAL PROVISIONS

2021 ◽  
pp. 3-7
Author(s):  
I.A. Anisimova ◽  
A.V. Anisimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
The Subject ◽  
The Russian Federation ◽  
Narcotic Drugs

The article deals with the debatable issues of the general criminal law characteristic of the subject ofdrug-related crimes. The meaning and place of narcotic drugs, psychotropic substances and plant-baseddrugs referred to in articles 228 and 228.1 of the Criminal Code of the Russian Federation in the crime aredetermined on the basis of the provisions of the study on the subject of the crime. The reasonable conclusionis that these drugs, substances and plant-based drugs belong to the subject of the crime as a separate sign ofcorpus delicti. Views on the definition and signs of the subject of drug-related crimes are summarized. Thecontent of the signs of the subject of crimes under articles 228 and 228.1 of the Criminal Code of the RussianFederation is specified. The problem of the terminological designation of the subject of the crime is raisedin articles 228 and 228.1 of the Criminal Code of the Russian Federation.

Criminal and Administrative Responsibility for Violation of the Freedom of Conscience and Religion: Problem of Differentiation

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Дмитрий Шилин ◽  
Dmitriy Shilin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Best Practice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Freedom Of Conscience ◽  
Modern Development ◽  
The Russian Federation ◽  
The Right

The article analyzes objective and subjective characteristics of elements of the violation of the right to freedom of worship and religions. In particular, the author investigates disposition of public actions that express obvious disrespect for the society with the aim to insult religious feelings of believers. The author notes timeliness of legislative recognition of this law which is in line with modern development of public relations and foreign best practice. The author calls into question the relevancy of establishing goals as an obligatory element of corpus delicti. The author pays attention to the contentious nature of article 148 of the Criminal Code of the Russian Federation and article 5.26 of the Code of the Russian Federation on Administrative Offences and the absence of the due mechanism to overcome it in the criminal law science. Following the results of the research the author proposes changes to the criminal law to ensure the principle of inevitability of criminal liability and protection of the right to freedom of worship and religions guaranteed by the Constitution.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

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