Punishability of the acts of extremist orientation provided by Article 282 of the Criminal Code of the Russian Federation

2019 ◽  
pp. 40-54
Author(s):  
Дмитрий Сергеевич Дядькин
Keyword(s):  
Russian Federation ◽  
General Structure ◽  
Real Life ◽  
Criminal Code ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Sharp Growth ◽  
The Russian Federation ◽  
The Moment ◽  
Modern Russian

В статье представлены результаты анализа наказуемости за одно из наиболее распространенных в последнее время в Российской Федерации преступление, предусмотренное ст. 282 УК РФ - возбуждение ненависти либо вражды, а равно унижение человеческого достоинства. В последние годы имеет место резкий рост количества осуждений лиц по ст. 282 УК РФ. Данная практика крайне репрессивна, не поддерживает одобрения в обществе, существенно критикуется и негативно оценивается даже властью, которая в последнее время предприняла действия по изменению сложившейся ситуации. Изменение структуры привлечения и осуждения лиц по ч. 1 и ч. 2 ст. 282 УК РФ - исчезновение квалификации действий лиц по ч. 2 - свидетельствует об изменении характера данных преступлений, способа их совершения, а самое главное - подходов к привлечению лиц к ответственности за совершение преступлений экстремистской направленности. Работа правоохранительных органов полностью переключилась с выявления, пресечения и наказания экстремистских деяний, совершаемых в реальной жизни, и на данный момент абсолютное большинство лиц, привлеченных по ст. 282 УК РФ, - это лица, допустившие те или иные высказывания» в социальных сетях. Ч. 2 ст. 282 УК РФ (квалифицирующие признаки, ее составляющие) на данный момент потеряли свою актуальность и не отвечают современным реалиям. Наказуемость за преступления, предусмотренные ст. 282 УК РФ, атипична по отношению к общей структуре применения наказаний в РФ за преступления в целом: за данное преступление осуждается к условному лишению свободы 61 % лиц, 11 % - к реальному лишению свободы. Данное положение вещей отражает ситуацию, когда дефиниция преступления по своему существу не отвечает ожиданиям современного российского общества, при этом внутреннее убеждение судейского корпуса также находится в определенном диссонансе. Современные российские реалии не позволяют судам выносить оправдательные приговоры в достаточном количестве, и судам приходится применять к лицам, по сути невиновным, наказания крайне незначительные или условно. По ст. 282 УК РФ данная тенденция явно прослеживается. Results of the analysis of punishability for one of the most widespread in the Russian Federation the crime provided by Art. 282 of the Criminal Code of the Russian Federation are presented recently in article there is an arousing hatred or hostility, and humiliation of human dignity is equal. In recent years the sharp growth of number of condemnations of persons according to Art. 282 of the Criminal Code of the Russian Federation takes place. This practice is extremely repressive, does not support approval in society, is significantly criticized and negatively estimated even by the power which took actions for change of a situation to the sphere recently. Change of structure of attraction and condemnation of persons according to Pt. 1 and Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation - disappearance of qualification of actions of persons according to Pt. 2 - demonstrates to change of nature of these crimes, a way of their commission, and the most important - approaches to involvement of persons to responsibility for commission of crimes of extremist orientation. Work of law enforcement agencies completely switched from identification, suppression and punishment of the extremist acts made in real life, and at the moment the vast majority of the persons involved according to Art. 282 of the Criminal Code of the Russian Federation are faces the allowed these or those statements on social networks. Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation (the qualifying signs, it making) at the moment lost the relevance and do not answer modern realities. The punishability for the crimes provided by Art. 282 of the Criminal Code of the Russian Federation is atypical in relation to the general structure of application of punishments in the Russian Federation for crimes in general: for this crime it is condemned to conditional imprisonment 61 % of persons, 11 % - to real imprisonment. This state of affairs reflects a situation when the crime definition on the being does not answer expectations of modern Russian society, at the same time the internal belief of judiciary also is in a certain dissonance. Modern Russian realities do not allow vessels to pronounce justificatory sentences in enough, and vessels should apply to persons, in fact the innocent, punishments extremely insignificant or is conditional. According to Art. 282 of the Criminal Code of the Russian Federation this trend is obviously traced.

The use of mass media and information and telecommunication networks as an evidence of offences punished for illegal trafficking of items and materials

2020 ◽  
Vol 2020 (4) ◽  
pp. 80-88
Author(s):  
Andrey Antipov
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Illicit Trafficking ◽  
Special Control ◽  
Comprehensive Study

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.

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

2018 ◽  
pp. 78-95
Author(s):  
Denis Mikhaylovich Denisov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Negative Impact ◽  
National Guard ◽  
Criminal Code ◽  
Private Security ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Security Issues ◽  
The Russian Federation

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.

scholarly journals Knowledge of Moscow students about the processes, institutions of socialization and the subjects of youth policy in the Russian Federation (based on the 2019 study)

2020 ◽  
Vol 26 (1) ◽  
pp. 46-69
Author(s):  
N. G. Osipova ◽  
S. O. Elishev ◽  
G. B. Pronchev
Keyword(s):  
Young People ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Sociological Study ◽  
Youth Policy ◽  
The Media ◽  
The Russian Federation ◽  
Negative Phenomena ◽  
Modern Russian

The paper deals with the knowledge of Moscow students about the processes, institutions of socialization and the subjects of youth policy in Russia. The basis of the empirical base is the sociological study conducted by the authors in April–May 2019 in Moscow. It is noted that students adequately and critically assess the state of modern Russian society and the state, understand the causes of the crisis. The greatest impact on the formation of value orientations of modern Russian youth is provided by the media, family and education institutions. Moreover, the media form both positive and negative benchmarks for young people. Students are aware of the presence of various negative phenomena in the youth environment and show a critical attitude towards them. Comparative analysis with 2013–2017 studies shows that in 2019 the levels of patriotic sentiments among Moscow students and their approval of the activities of political figures, socio-political institutions decreased. The trends of prevalence in the values of young people of consumer orientations, approval of traditionally negative phenomena intensified. This contributes to the desocialization of youth, the manifestation of asocial and unlawful forms of their self-realization, the development of various countercultures, increased conflict tension and aggressiveness of young people, and the growth of extremism in the youth environment. Measures are proposed that increase the social efficiency of the state youth policy of the Russian Federation. The research materials are of interest to specialists involved in the problems of youth socialization and the implementation of state youth policy.

scholarly journals The use of a knowingly forged passport, identity card or other official document granting rights or relieving from responsibilities: problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 65-72
Author(s):  
Natal'ya Vishnyakova
Keyword(s):  
Russian Federation ◽  
Personal Information ◽  
Criminal Code ◽  
Critical Assessment ◽  
Official Document ◽  
Identity Card ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The article is devoted to the consideration of the problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation, related to the operation of the norm in time; with delimitation from the norm covered by Art. 327, Part 5 of the Criminal Code of the Russian Federation; with the content of such an act as use, the moment of its ending, the matching with the counterfeit, as well as with the acquisition, storage and transportation. The author substantiates the conclusion about the need to exclude Part 5 of Art. 327 of the Criminal Code of the Russian Federation; a broader definition of the concept of “use of a knowingly forged document” is proposed, including not only the submission of such a document in order to obtain (confirm) the rights or relieve from responsibilities, but also the very use of the obtained rights or relieving from responsibilities on the basis of the submitted document; the critical assessment of the actions of a person ordered the forged document with providing personal information is done, such actions are considered as complicity in the forgery. The author’s attention is drawn to the prevalence of incompleteness of the wording of the accusation when qualifying the actions of persons who acquired, stored, transported a forged document in order to use it, and then used it. The article formulates recommendations for solving the issues of applying Part 3 of Article 327 of the Criminal Code of the Russian Federation.

scholarly journals SPECIFICITY OF QUALIFICATION OF CRIMES COMMITTED WITH THE USE OF THE INTERNET IN RELATION TO MINORS

2018 ◽  
Vol 22 (2) ◽  
pp. 136-142
Author(s):  
M. I. Sinyaeva ◽  
S. A. Moskalenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Suicidal Behavior ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Criminal Violence ◽  
Explanatory Note ◽  
Wide Scale ◽  
The Russian Federation ◽  
Use Of The Internet

The article analyzes the data of the Investigative Committee of the Russian Federation, from which it follows that over the past three years, cases of suicidal behavior of minors have increased dramatically. At the same time, the problem of leading minors to suicide by involving them in so-called death groups has recently become particularly acute. The article analyzes the criminal law characteristics of the changes in the Criminal code of the Russian Federation concerning the establishment of special mechanisms to counteract the activities aimed at encouraging children to suicidal behavior. The explanatory note to the relevant law is considered, in which it is noted that "new types of inducement to commit suicide or to facilitate the Commission of suicide were not previously predicted by science, were not timely evaluated by criminologists and in fact took a wide scale, being outside the criminal law assessment, and therefore outside the activities of law enforcement agencies to identify the organizers of such destructive activities, timely suppression of their actions, as well as protection of victims". After analyzing the sanctions, according to the newly introduced articles of the Criminal code of the Russian Federation, the authors conclude that the Russian legislator does not demonstrate a common approach to the criminal and legal assessment of criminal violence against minors, treating violent crimes against minors to various categories of crimes. It is intended to discuss the question of the uniform categorization of all crimes against minors as grave and especially grave. This is due to the fact that a person under the age of 18, regardless of the type of violence, can already be regarded as helpless because of his age, so any crime against him / her should be considered violent, and depending on the circumstances and type of violence - particularly grave.

scholarly journals Improving the Activities of the Prosecutor’s Office for Preventing Crimes of Extremism Among Minors

Legal Concept ◽  
2021 ◽  
pp. 74-81
Author(s):  
Pavel Fantrov ◽  
Mikhail Bobovkin ◽  
Stanislav Medentsov
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Russian Federation ◽  
Professional Training ◽  
Future Generation ◽  
Legal Regulation ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Future ◽  
The Russian Federation

Introduction: the problem of preventing extremism among minors, which has not lost its current relevance, deserves special attention. It is quite specific; it concerns the prospects of the future generation. Among other tasks that the Prosecutor’s Office faces, the prevention of juvenile delinquency, including of extremist orientation, is particularly important. Not only the state and trends of crime of extremism in the future, but also the moral climate in Russian society, largely depend on how this task is solved with the help of the prosecutor’s supervision. The purpose of the study: to identify and characterize the priority areas for improving the activities of the Prosecutor’s office of the Russian Federation in the context of preventing crimes of extremism among minors. The objectives of the study: to identify and describe the problems of the prosecutor’s supervision for the prevention of crimes of extremism among minors; to assess the coordination activities of the law enforcement agencies to combat youth extremism; to develop recommendations for improving the prosecutor’s supervision in the field of preventing crimes of extremism among minors. The methodological framework for the study is represented by a system of methods of scientific knowledge, which should include: the general scientific, systemic, institutional and comparative legal ones. Results: the main problems in the activities of the prosecutor’s office for the prevention of extremist juvenile delinquency are identified, which the authors of the paper refer to: formalism; the lack of an individual approach to preventive work; the problems of interdepartmental interaction. The authors point out the need to improve the legal regulation of the prosecutor’s status as a coordinator and one of the key subjects of the prevention of offenses of extremism. Conclusions: to increase the efficiency of the prosecutor’s supervision in the field of preventing crimes of extremism among minors, it is advisable: to introduce the innovative methods and technologies for influencing juvenile offenders involved in extremist activities (for example, mediation); to improve the mechanism of interaction of all subjects of the system of prevention of juvenile crimes; not formal, but thorough the supervision of the activities of the supervised subjects of prevention and others; to create the specialized units in the structure of the Prosecutor General’s Office of the Russian Federation and the Prosecutor’s offices of the subjects of the Russian Federation, which could combine all areas of the prosecutor’s supervision over compliance with the legislation on juvenile affairs, including countering extremist activities of minors; to improve the level of professional training and qualification of young employees of the prosecutor’s office, determining the efficiency of the prosecutor’s office, based on the indicators of the real restoration of the rights and freedoms of citizens.

Restoration of Social Justice as a Goal of Criminal Punishment

2021 ◽  
pp. 13-17
Author(s):  
Lev M. Prozumentov ◽  
Keyword(s):  
Social Justice ◽  
Russian Federation ◽  
Real Life ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Research And Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
First Time

The restoration of social justice as the goal of criminal punishment has already been in the focus of attention, though the Russian criminal legislation has included it for the first time. The legislator has not defined what is meant by “restoring social justice”, although the term “justice” can be found in Part 1 of Art. 60 of the Criminal Code of the Russian Federation in Clause 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 11, 2007 “On the practice of imposing criminal punishment by the courts of the Russian Federation”. This circumstance has led to an ambiguous interpretation of the term in research and practice. Some researchers do not distinguish the categories of goal and principle of social justice and consider the goal of restoring social justice through the principle contained in Art. 6 of the Criminal Code of the Russian Federation, i.e. through the correspondence of punishment to the nature and degree of social danger of the crime. In criminal law, there are other approaches to this goal, which are analyzed in this article. The author concludes about the “utopian” character of this goal and its unattainability in real life.

Problems of Qualifying the Acquisition of Narcotic Substances on the Basis of Actus Reus

2021 ◽  
Vol 4 ◽  
pp. 93-100
Author(s):  
E. Ju. Chetvertakova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Complex Nature ◽  
Actus Reus ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation ◽  
Narcotic Drugs

The complex nature of the act of the illegal acquisition of narcotic substances, creates problems in determining the boundaries of the intrusion and determining the stage of the crime, which leads to a lack of uniformity in the application of the provisions of Article 228 of the Criminal Code of the Russian Federation. The purpose of this article is to identify the problems that arise during the qualification of illegal acquisition of narcotic drugs, and to suggest ways to solve them. Tasks: analysis of the concept of the acquisition of narcotic drugs, the establishment of signs that are part of the objective side of the encroachment, the definition of the boundaries of the objective element to differentiate the stages of the crime. The article is based on an analysis of criminal legislation, doctrinal provisions and judicial practice. The author concludes that the acquisition of a narcotic substances is an act as a result of which a person is able to possess, use and dispose of the drug at his own discretion. The moment of completion of the crime should be associated with the possibility of disposing of the drug received. The seizure of narcotic drugs from the purchaser in the course of law enforcement intelligence operations cannot be considered as a completed crime. When determining the initial stage of the actus reus, the method of committing the crime should be taken into account. The conclusion is substantiated that it is inadmissible to use by analogy the explanation of the Plenum of the Supreme Court of the Russian Federation on the content of the sale of narcotic drugs when interpreting the sign of illegal acquisition.

THE DEVELOPMENT OF MODERN RUSSIAN CRIMINAL ANTI-CORRUPTION LEGISLATION

2018 ◽  
pp. 21-29
Author(s):  
Andrey Sergeyevich Burtsev ◽  
Vyacheslav Sergeyevich Semenyakin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Mutual Influence ◽  
Criminal Code ◽  
Minimum Size ◽  
Legal Norms ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Modern Russian

We consider development of modern criminal legislation features in the anti-corruption sphere. The urgency of the fight against corruption in the Russian Federation and the difficulties standing in its way are emphasized. Noted the specificity of the Russian legislation in the anti-corruption sphere, which consists in the fact that the modern Russian criminal law mechanism of combating corruption is firmly based on international legal acts. The main stages of development and formation of modern anti-corruption legislation, its connection with international law are considered. The role of legal norms in strengthening the security of the state, increasing its authority in the world is revealed. A large number of sources of corruption law are analyzed, including the Criminal Code of the Russian Federation, Federal laws, the Decision of the Supreme Court of the Russian Federation, Decrees of the President of the Russian Federation. Changes made to the legislation in different years concerned the subject structure, the minimum size of a bribe, nature of commission of crime, etc. In the course of the analysis of anti-corruption norms of criminal law traced their relationship with the non-criminal legislation in force in this area, noted their mutual influence. It is concluded that the current anti-corruption criminal legislation has been formed in the Russian Federation, but the process of its development due to the ongoing socio-economic transformations of society is not completed. The necessity of an effective legal mechanism regulating public relations arising in the case of a corruption-related crime is noted.

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