scholarly journals The impact of administrative prejudice upon the content of penal prohibition

2021 ◽  
pp. 99-115
Author(s):  
Sergei Gennadevich Losev ◽  
Viktor Ivanovich Morozov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Constitutional Court ◽  
Criminal Record ◽  
Special Part ◽  
The Subject ◽  
General Part ◽  
The Russian Federation ◽  
The Impact

The object of this research is the legal relations arising in the context of implementation of the norms of criminal law of the Russian Federation that establish liability for repeated administrative offenses. The subject of this research is the practice of application the criminal law norms of the Soviet and post-Soviet periods that regulate the institution of administrative prejudice, and acts of interpretation of the Russian Constitution, in which the Supreme Constitutional Court of the Russian Federation deals with the problems of the use of separate articles of the Criminal Code of the Russian Federation that contain the norms with administrative prejudice, and parts of interrelation between the institutions of administrative prejudice and recurrence of offenses. The subject of this research is also justification of existence the institution of administrative prejudice in the national criminal law, main flaws in interpretation of the articles that describe the norms of the institution of administrative prejudice in the text of the Criminal Code of the Russian Federation. Taking into consideration all shortcomings in interpretation of the articles of the Criminal Code of the Russian Federation, the author offers unified definition of the composition with administrative prejudice. It is suggested to reintroduce the concept of recurrent offense in the General Part of the Criminal Code of the Russian Federation, taking into account the fact of administrative liability, outstanding criminal record, or criminal record that has not been expunged. The case if the legislator deems it necessary to take into account not identical, but homogeneous recurrence should be stipulated in the note to the article of the Special Part. The author also offers to include the Article 16.1 into the General Part of the Criminal Code of the Russian Federation in the following wording: “The repeated offense is considered an act committed by a person who has previously been subjected to administrative penalty for similar type of offense, unless stipulated otherwise in the corresponding articles of the Special Part of the effective Code”.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

Public danger of crimes relapse

2020 ◽  
pp. 111-121
Author(s):  
Sergey Kartashov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The Public ◽  
Special Part ◽  
Principle Of Justice ◽  
General Part ◽  
The Russian Federation ◽  
First Time

We point out that the danger is not the relapse of the crime, but the identity of the criminal, since the punishment for the person who committed the crime for the first time and the criminal who committed the crime again must be different, otherwise it would be contrary to the provision of the Criminal Code of the Russian Federation “Principle of justice”, which requires taking into account the degree of committed socially dangerous crime and the identity of the perpetrator. It is reflected that since 2012 there has been a revival of “special relapse” in some corpus delicti (Articles 131, 264.1, etc.). In addition, we clarify that, in a certain sense, relapse can also include corpus delicti with administrative prejudice, but their reflection in the Special Part of the Criminal Code of the Russian Federation contradicts the concept of crime (Article 14 of the Criminal Code of the Russian Federation), but directly on administrative prejudice in the General Part of the Criminal Code of the Russian Federation domestic legislator did not mention anything. We note that in the current legislation it is necessary to return to the use of the term “relapsed criminal”, since it is precisely the number and categories of crimes that indicate the public danger of the identity of the perpetrator. We also denote that the relapse of crimes does not increase the degree of public danger of a particular crime, but testifies to the public danger of the identity of the perpetrator committing a certain act prohibited by criminal law.

scholarly journals On the construction of the purpose of punishment in criminal law

2019 ◽  
Vol 13 (1) ◽  
pp. 50-53
Author(s):  
S. A. Borovikov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
Clear Guideline ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The One

The subject of consideration of this paper is the study of the purposes of punishment enshrined in article 43 of the Criminal Code of the Russian Federation. Attention is drawn to the similarities and differences in the approaches used to determining the purpose of criminal punishment in the laws of different countries and historical periods, the need for a critical assessment of the existing legislative decision. In the course of a comparative analysis the conclusion is formulated that the current version of the purposes of punishment in criminal law is overly broad, which creates the illusion of its achievement and in some cases the competition of its parts among themselves. So the first of those mentioned in article 43 of the Criminal Code of the Russian Federation the purpose of restoring social justice is a quality that should be inherent in punishment. The second of the purposes stated in the law – the correction of the convict – is one of several ways to achieve it. However the very purpose of the punishment is not to correct the convict. The third of these purposes – the prevention of crimes – is most consistent with the purpose of punishment, but it is quite lengthy and requires clarification. In addition it does not contain a clear focus on a person who can or has committed a crime. According to the results of the analysis it is proposed to carry out an adjustment of the purposes of criminal punishment in the law. The purpose of punishment should be one and have a common focus. In this regard it is proposed to define as the purpose of punishment – retention persons from committing crimes. The single and understandable purpose of punishment on the one hand will be a clear guideline in constructing the type and size of both the main and additional punishments in the sanctions of the articles of the Special Part, and on the other will allow the courts to choose the punishment that most corresponds to the intended result.

On the System of the Special Part of the Criminal Code of the Russian Federation

2019 ◽  
pp. 31-40
Author(s):  
Elena Shchelkonogova
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
Law System ◽  
Special Part ◽  
General Part ◽  
The Russian Federation ◽  
Criminal Legislation

The article raises the problem of systematic interpretation of the Special Part of the Criminal Code of the Russian Federation, since fair enforcement of criminal law articles is impossible without understanding their sense intended by the legislator. One of the effective methods for identifying it is systematic interpretation of the articles of the Special Part of the Criminal Code. They are considered as elements of the system, their logical relations with each other and with the articles of the General Part of the Criminal Code are identified. Systematic consideration of the Special Part of the Criminal Code induction and deduction allowed formulating its current definition based on the fundamental difference between the rule of law and the article of the law. Identification of the systemic features of the Special Part helps distinguishing it from structure and classification. The article also pays attention to the problem of determining the various grounds for division of legislative material of the Special Part; the meaning of such concepts as «criminal legislation system» and «criminal law system» is delimited. The question is raised whether it is correct to speak about the system of crimes enshrined in the Special Part of the Criminal Code.

scholarly journals On violation of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation

2021 ◽  
pp. 49-58
Author(s):  
Mikhail Aleksandrovich Prostoserdov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Code ◽  
Practical Significance ◽  
The Social ◽  
Special Part ◽  
The Subject ◽  
The Russian Federation

This article provides the results of research of the system of sanctions of the Special Part of the effective Criminal Code of the Russian Federation. The object of this study is the social relations arising in temrs of infliction of criminal punishment. The subject of is sanctions of the norms of the Special Part of the effective Criminal Law of the Russian Federation. The goal consists in identification of flaws in establishment of such sanctions, substantiation of the negative impact of these flaws, and development of recommendations for their eliminations. Particular attention is given to the rules for establishment of sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, namely the procedure for the transaction punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation and consequences of violating this order. The scientific novelty of this research consists in identification of violations in the sanctions of norms that have recently come into legal force. The author also determines the violations that create internal contradictions within the effective criminal law. The three groups of violations of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation on various grounds have been distinguished. In the course of this study, the author detected fifteen violations of the rules for establishment of the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation, as well as offered solutions for their eliminations. The acquired results are of practical significance and can contribute to the improvement of the Russian criminal law.

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.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

SYSTEM OF THE GENERAL PART OF THE CRIMINAL CODEOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 62-70
Author(s):  
E. V. Shchelkonogova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Systematic Approach ◽  
Criminal Code ◽  
Point Of View ◽  
Historical Aspect ◽  
Meaningful Relationship ◽  
Special Part ◽  
General Part ◽  
The Russian Federation

The article examines the General part of the Criminal Code. It is considered from the point of view of a systematic approach, questions are raised about the meaningful relationship between the norms of the General Part and the Special Part of the Criminal Code of the Russian Federation. The historical aspect of the formation of the current structure of the Code is given, and the question of whether the General and Special parts of the Criminal Code of the Russian Federation are identical parts or not. The sections of the General Part are analyzed in order to identify their functional load and significance for law enforcement.

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