CAUSES OF MASS RIOTS IN THE MODERN PERIOD AND PECULIARITIES OF THEIR INVESTIGATION (BASED ON A SUMMARY OF THE INVESTIGATIVE PRACTICE)

Author(s):  
Алла Владимировна ХМЕЛЁВА

В статье рассматриваются вопросы расследования преступлений, предусмотренных ст. 212 УК РФ - «Массовые беспорядки». На основе результатов обобщения следственной практики выделяются особенности массовых беспорядков современного периода развития общества и государства. Приводятся статистические данные и примеры следственной практики. The article deals with the investigation of crimes under Article 212 of the Criminal Code of the Russian Federation - “Mass riots”. Based on the results of the generalization of investigative practice, the features of mass riots of the modern period of the development of society and the state are highlighted. The author provides statistical data and examples of investigative practice.

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.


Author(s):  
Sergey A. Markuntsov

The relevance of the research of decriminalization of criminal acts in Russia is due to both the lack of current adequate coverage of this issue even in some specialized studies of fundamental nature and the need to obtain a comprehensive understanding of decriminalization in Russia in the context of the trend of its modern criminal law policy humanization. The aim of the article is to study the processes of decriminalization of criminal acts in Russia through assessing the state of modern criminal law discourse on the problem specified. The research concludes the secondary, derivative nature of the analyzed decriminalization issues in most modern studies, the actual scale of full decriminalization of criminal acts in Russia, which aims for arithmetic error against the background of current decriminalization processes (for the entire period of the Criminal Code of the Russian Federation only 4 criminal acts were fully decriminalized)


Author(s):  
A. V. Danilovskaya ◽  
A. P. Tenishev

The anti-monopoly practice concerning agreements prohibited by the Federal Law “On Protection of Competition” traditionally defines the so-called collusions at tenders. Depriving the state of the opportunity to save budget funds, collusions at auctions do not only violate the procedure established by the law, but, by limiting competition, adversely affects the country’s economy.For collusion at an auction, both administrative (Article 14.32 “Conclusion of an agreement restricting competition, the implementation of concerted actions restricting competition, coordination of economic activities” of the Administrative Code of the Russian Federation) and criminal responsibility (Article 178 “Restriction of competition”, as well as Articles 159, 285, 286 of the Criminal Code of the Russian Federation) is set.However, the current version of Article 178 of the Criminal Code of the Russian Federation, which is supposed to be the main one in the fight against anti-competitive agreements, has significant drawbacks that make the fight against these dangerous anti-competitive agreements ineffective. The damage from the activities of all cartels (in the commodity markets, during the procurements by state-owned companies and the state, during the bidding for the alienation of state property) is estimated at 1.5-2% of GDP.Meanwhile, when carrying out public procurement and procurement of companies with state participation consume up to 30 trillion rubles a year. If the bidding is held under collusion, the reduction in the initial (maximum) contract price hardly reaches 1%; if the bidding is held in a competitive environment, the price decline reaches 20-30%. Perhaps not so obvious, but this does not mean that the collusion at auctions has a negative effect on competition. Companies compete neither in price nor in quality. Access to the state order, and therefore, an undoubted competitive advantage in the commodity markets, is obtained not by those companies that are better and more efficient, but by those that have been able to come to an agreement. Only in 2016, due to the low level of competition in trading, the budgets of all levels lost more than 180 billion rubles. Moreover, the Federal AntiMonopoly Service (FAS) considers this number underestimated — the application of the methodology adopted in OECD countries brings the figure of damage up to 1 trillion rubles per year.The current situation requires an appropriate response, in particular, introducing changes into the legislation of the Russian Federation that reflect the substantially increased public danger of anti-competitive agreements and will also contribute to the development of the practice of countering them.


2015 ◽  
Vol 4 (3) ◽  
pp. 48-56 ◽  
Author(s):  
Евдокимов ◽  
V. Evdokimov ◽  
Кислова ◽  
G. Kislova

Statistical data for 15 years on emergency situations (ES), fires and accidents on water is provided, and normalized indicators are calculated. During 2000–2014, 8588 disasters were registered in Russia, which killed 14,826 and injured 5 million 841 thousand people. There were 5097 (59,4%) man-made disasters, 2786 (32,4%) natural ESs, 587 (6,8%) biological and social ESs, and 118 (1,4%) major terrorist attacks. Local ESs count up to 4313 (50,2%), municipal — 2977 (34,7%), intermunicipal – 1069 (12,5%), regional — 191 (2,2%), inter-regional — 23 (0,3%), Federal — 12 (0,1%). Every day (1,58 ± 0,15) emergency situations happened which caused death of (2,76 ± 0,25) people. The risk of being in ES (R1) in Russia amounted to (0,40 ± 0,04) · 10–5, the risk of death in an ES was (1,82 ± 0,10) fatalities per year, individual risk of death in ES was (0,70 ± 0,06) 0183 10–5 per year. There is a significant downward trend in these indicators. The lack of continuity of representing even basic ES indicators in State reports "On the state of protection of population and territory of the Russian Federation from emergencies of natural and man-made origin" prevents their comparison.


2021 ◽  
Vol 244 ◽  
pp. 12017
Author(s):  
Irina Danilova ◽  
Olga Knyazeva ◽  
Svetlana Mayorova ◽  
Liliana Peremolotova

In the modern period of the widespread processes of globalization, integration and rapid migration, complicated foreign policy relations of a number of states belonging to transnational blocs defending opposing interests, of course, the problem of effectively countering terrorist and extremist activities, as well as preventing the spread of relevant ideologies, is becoming particularly acute. The international community, realizing the danger of terrorism and striving to develop effective measures to prevent it, has adopted a number of documents, which include United Nations conventions (for example, the International Convention for the Suppression of the Taking of Hostages, the International Convention for the Suppression of Terrorist Bombings, the International Convention for the Suppression of financing of terrorism). The increased importance of this type of crime is also confirmed by the consolidation in federal legislation of the relevant concepts and forms in which the considered illegal activity can be carried out, the methods of its prevention and sanctions used for committing offenses of an extremist and terrorist nature. The main normative legal acts in this area are the federal laws of July 25, 2002 No. 114-FZ “On Countering Extremist Activity” and of March 6, 2006 No. 35-FZ “On Countering Terrorism.” For the purposes of criminal law enforcement of countering terrorism and in the interests of fulfilling international obligations, the Criminal Code of the Russian Federation of June 13, 1996 (as amended on November 28, 2015, hereinafter referred to as the Criminal Code of the Russian Federation) establishes responsibility for the commission of crimes against international security.


Author(s):  
Nikolay Letelkin ◽  
Dmitry Neganov

The article examines the situationality of modern lawmaking in the field of criminal law in the context of the adoption of the federal law of 1.04.2020 No. 100-FZ «On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation», adopted by the State The Duma of the Russian Federation in connection with the pandemics of the Corona Virus Disеаsе 2019 (COVID-19).


Author(s):  
Irina Sergeevna Rednikina ◽  

The article analyzes the state of atmospheric air in the Russian Federation on the basis of statistical data, considers the dynamics of oncological diseases from 2010 to 2018. A comparison is made between the state of atmospheric air and the occurrence of cancer.


2020 ◽  
Vol 9 (4(73)) ◽  
pp. 75-79
Author(s):  
A.B. Ektumaev

This article reveals the essence, features and functions of censorship. It is noted that the entire history of the development of freedom of speech in Russia is closely connected with state censorship, and this has an impact on the state of social communication in the modern period. Based on the analysis of the provisions of the Constitution of the Russian Federation and the legislation of the Russian Federation formed on their basis, the division of censorship into preliminary (before the message is transmitted) and subsequent (after the message is transmitted) is substantiated


Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.


2020 ◽  
Vol 3 ◽  
pp. 79-87
Author(s):  
N. V. Kolesnikova ◽  
◽  
E. A. Nepomnyaschaya ◽  
O. V. Morozova ◽  
◽  
...  

On the basis of the analysis of statistical data, materials of investigative and judicial practice, the authors analyzed the state of organized crime in the Russian Federation in the transport sector, identified the characteristic modern features and development trends.


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