The essence of deprivation of the right to engage in certain activities as a punishment for an offense under Art. 264 of the Criminal Code

2019 ◽  
pp. 23-29
Author(s):  
Ольга Александровна Беларева
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
The Road ◽  
Paradoxical Situation ◽  
The Supreme Court ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

В статье рассматривается сущность лишения права заниматься определенной деятельностью как обязательного дополнительного наказания за преступление, предусмотренное ст. 264 УК РФ. В большинстве приговоров по ст. 264 УК РФ дополнительное наказание сформулировано как лишение права заниматься деятельностью, связанной с управлением транспортным средством. Однако использование в приговорах единой формулировки не снимает вопросов, связанных с толкованием объема назначенных судом ограничений. Автором выделены два подхода к определению содержания понятия «транспортные средства»: широкий, включающий все виды транспортных средств, и узкий, включающий только механические транспортные средства. Анализ судебных решений позволяет сделать вывод об отсутствии единообразного подхода к определению содержания наказания в виде лишения права заниматься деятельностью, связанной с управлением транспортными средствами. Показано, что в практике применения наказания за преступления, предусмотренные ст. 264 УК РФ, сложилась парадоксальная ситуация: лицо, нарушившее правила дорожного движения, лишается права управления всеми видами транспортных средств. По мнению автора, такая ситуация нарушает принцип справедливости: характер наказания не соответствует характеру совершенного преступления. В целях единообразного применения уголовного закона Пленуму Верховного суда РФ следует разъяснить, что суды должны конкретизировать вид транспортных средств, права управления которыми лишается осужденный, исходя из характера совершенного преступления. The article deals with the essence of deprivation of the right to engage in certain activities as a mandatory additional punishment for a crime under Art. 264 of the Criminal Code. In most of the sentences under Art. 264 of the criminal code additional punishment is formulated as deprivation of the right to engage in activities related to driving. However, the use of a single wording in sentences does not remove questions of interpretation of the scope of the court's limitations. The author identifies two approaches to the definition of the concept of “vehicles”: wide, including all types of vehicles, and narrow, including only mechanical vehicles. Analysis of court decisions leads to the conclusion that there is no uniform approach to determining the content of the penalty in the form of deprivation of the right to engage in activities related to the management of vehicles. The article shows that in the practice of punishment for the crimes provided for in the Art. 264 the criminal code, there is a paradoxical situation: a person who violates the rules of the road, is deprived of the right to control all types of vehicles. According to the author, this situation violates the principle of justice: the nature of the punishment does not correspond to the nature of the crime committed. For the purpose of uniform application of the criminal law to the Plenum of the Supreme Court of the Russian Federation it is necessary to explain that courts have to specify a type of vehicles which right of management is deprived condemned, proceeding from character of the committed crime.

scholarly journals Relevant Issues of the Legal Treatment of Abduction

Russian judge ◽  
2020 ◽  
Vol 12 ◽  
pp. 45-50
Author(s):  
Svetlana V. Kornakova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Cis Countries ◽  
Definition Of

The article critically assesses the absence of a definitive provision in the Russian criminal law that does not meet the criterion of legality, revealing the qualifying features of kidnapping. Examples of contradictory court decisions resulting from this are given. The relevant legal norms of some CIS countries are analyzed. It is concluded that the definition of kidnapping developed by judicial and investigative practice and reflected in the decisions of the Supreme Court of the Russian Federation is more specific. It is argued that it should be fixed in art. 126 of the Criminal Code of the Russian Federation.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

scholarly journals CONSTITUTIVE EVALUATIVE CONCEPTS IN CRIMINAL LAW: CONCEPT, TYPES, FUNCTIONS, ESSENTIAL FEATURES

2021 ◽  
Vol 31 (3) ◽  
pp. 450-458
Author(s):  
D.R. Kasimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Structural Features ◽  
Criminal Code ◽  
New Classification ◽  
Functional Features ◽  
The Russian Federation ◽  
Definition Of ◽  
Cognitive Meaning

The article provides a new classification of evaluative concepts enshrined in the Criminal Code of the Russian Federation, indicates the purpose of its existence in the doctrine of criminal law. The article describes the definition of constitutive evaluative concepts that are determined as legislatively vague evaluative concepts that, by their normative-essential and functionally-substantive characteristics, are absolute, necessarily alternative, or accompanying structural features of a crime. Through the prism of the features of constitutive evaluative concepts, their varieties, essential features and functions are distinguished; interpretation (including cognitive) meaning is revealed. Moreover, the interpretation features of these evaluative concepts are considered in two interdependent aspects: the structurally-essential (associated with the types, attributes and functions of constitutive evaluative concepts) and the procedural-substantive (associated with the informative and informative activities of the interpreter). It is indicated that the interpretation features of an structurally-essential nature are, firstly, in the composition and criminogenic properties of constitutive evaluative concepts, and secondly, in the semantic structural composition, indicating a meaningful dependence of the evaluative concept on the accompanying structural features of a crime, and thirdly, legally significant functional features. At the same time, interpretative features of a procedural-substantive order are also highlighted, which include, firstly, the need for a paramount definition of the criminogenic determinant, designed to establish the structural features of a crime in a perfect act, and secondly, in an increased degree of normative casuistic derivative of these evaluative concepts. The author comes to the conclusion that constitutive evaluative concepts are interpreted according to the same logical-linguistic and legal laws, but with some marked structurally meaningful features.

scholarly journals THEFT OF CARGO FROM RAILWAY ROLLING STOCK: ISSUES OF QUALIFICATION AND INVESTIGATION

2019 ◽  
Vol 29 (5) ◽  
pp. 668-672
Author(s):  
M.N. Vilacheva ◽  
N.V. Yashkova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Case ◽  
Rolling Stock ◽  
Railway Transport ◽  
The Russian Federation ◽  
Main Factors ◽  
Definition Of ◽  
Railway Rolling Stock

The questions of qualification and investigation of theft of goods from the rolling stock are revealed. The main factors causing qualification of such crimes under articles 158, 159 and 160 of the Criminal code of the Russian Federation are investigated. The obligatory signs of crimes, such as time, place, means of commission of crime, the size of the stolen property are revealed. Reasonable conclusions are made that the qualification of theft of goods from the rolling stock of railway transport, as well as the definition of the circle of persons potentially involved in the commission of the crime, is largely influenced by the place and time of the crime, the circumstances (type of car, other features), the amount of stolen property, means of committing the crime. The analysis of the practice of qualification of thefts from the rolling stock of railway transport shows that in various investigative situations it is necessary to speak about its private varieties that will allow to qualify a crime more precisely and to organize the process of proving more effectively. It is concluded that for the most complete qualification of crimes related to the theft of cargo from rolling stock cars a thorough analysis of the circumstances that influenced the initiation of a criminal case, as well as investigative situations, is of particular relevance. Proposals were made to improve the norms of the criminal law.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

scholarly journals Problems of proving guilt in criminal cases in connection with tax evasion

2019 ◽  
pp. 170-176
Author(s):  
V. V. Dubrovin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Code ◽  
Control Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The establishment of an intentional form of guilt and its specific type is mandatory for the implementation of the provisions of Art. 8 of the Criminal Code. In criminal proceedings in connection with tax evasion, a direct intent should be established in the act of the accused, otherwise the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 28, 2006 No. 64 “On the practice of criminal law on liability for tax offenses”. One of the proofs of direct intent in the act of the accused may be the decision of the tax authority to prosecute for the tax offense, made according to the results of tax control measures (in-house or on-site tax audits). In the event that it establishes an imprudent form of the taxpayer’s guilt in committing a tax offense, in proving the guilt of the accused in the course of criminal proceedings there may be an intractable contradiction.

scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

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