scholarly journals Interpretation of certain aspects of criminal restriction of competition

2021 ◽  
pp. 48-58
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Implementation ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Tax Legislation ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

scholarly journals On exemption from criminal liability for unlawful restriction of competition (the Article 178 of the Criminal Code of the Russian Federation)

2021 ◽  
pp. 1-13
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the notes to the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses; foreign antimonopoly legislation on exemption and mitigation of liability for cartels; decisions of the plenums of higher judicial instances of the Russian Federation regarding the grounds and procedure for exemption from liability for cartel agreements; draft of the federal law on introducing amendments to the Article 178 of the Criminal Code of the Russian Federation and antimonopoly practice on cartels. The article aims to examine the grounds for exemption from criminal liability for cartel agreements, including in comparative-legal and interdisciplinary aspects. The novelty of this research consists in establishing extension of the grounds for exemption from liability in the Russian legislation to all cartel participants (unlike foreign legislation, according to which the cartel facilitator is not exempt from liability). This article is firs to provide interpretation to scantily studied questions of the procedure for realization of the conditions of exemption from criminal liability: the instance, when the cartel participant is still able to declare the restriction of competition to law enforcement agencies, and other measures of reparation of the inflicted damage. The author proposes a method for unification of the the grounds for exemption from liability stipulated by the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses. The acquired results can be applied in the activity of law enforcement agencies.

scholarly journals On the harmonization of anti-terrorist legislation norms

2021 ◽  
Vol 2 (12) ◽  
pp. 86-90
Author(s):  
A. V. SAVINSKY ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Terrorist Activity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

Measures are being taken in Russia to improve anti-terrorist legislation, with special attention paid to increasing the counter-terrorism potential of the Criminal Code of the Russian Federation. However, the current anti-terrorism regulations are not without drawbacks. Thus, terrorist activity is interpreted differently in Art. 3 of the Federal Law "On Countering Terrorism" and Art. 205.2 of the Criminal Code of the Russian Federation, which leads to contradictory investigative and judicial practice. The solution is seen in the unification of the definition of terrorist activity and the definition in the wording of the Criminal Code of the Russian Federation looks preferable. It is noted that the legal support for the operational penetration of law enforcement agencies into terrorist structures does not meet the requirements, since the norm of Part 4 of Art. 18 of the federal law "On operational-search activity" (contains an operational-search basis for active repentance) remains inoperative due to the lack of its incorporation into the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article formulates additions to these codified federal laws, which will legitimize the operational-search basis for active repentance.

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

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 CRIMINAL AND LEGAL STUDY OF CONNIVANCE IN CRIME AS A SIGN CHARACTERIZING CONFLUENCE OF SEVERAL PERSONS IN ONE CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 236-241
Author(s):  
A. A. Kashkarov ◽  
D. A. Poshtaruk
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Study ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side ◽  
Made In

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.

scholarly journals AUE* Movement as a Criminal Phenomenon that Determines the Development of Professional Crime: the Essence and Methods of Struggle* The organization is banned in the Russian Federation

2021 ◽  
Vol 2 ◽  
pp. 72-79
Author(s):  
K.A. Zarubina ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Activity ◽  
Criminal Code ◽  
Way Of Life ◽  
Youth Movement ◽  
Enforcement Officer ◽  
Practical Conclusion ◽  
The Russian Federation

The article highlights the development and activities of such informal youth movement as «the criminal unity of Prisoners»,«the urkagan unity of Prisoners» or «the way of life of Prisoners is one» (hereinafter-AUE), which supports, promotes and develops the ideology of criminal «romance», criminal subculture. The main reasons for the formation of the informal youth movement in Russia and the version of the concept of AUE are considered. The main features of AUE associations are investigated: stability; stability of the composition (2 or more persons); common intent of members of associations aimed at preparing and committing crimes of extremist orientation (on the ideological component); coordination of actions of members of the Association; main-taining and promoting a criminal subculture; the presence of an organizer (leader) in the Association, connections with the criminal world, etc. The article studies the influence of this criminal phenomenon on the behavior of modern youth, as well as on the development of crime in modern Russia, including one of its most dangerous varieties - professional criminal activity. The main problems of bringing persons belonging to the AUE movement to administrative and criminal responsibility are considered. The article analyzes the activities of members of AUE associations in terms of extremism, as well as the possibility of bringing persons belonging to AUE associations to criminal responsibility under article 282.1 of the criminal code of the Russian Federation. As a practical conclusion, a list of signs of AUE associations that a law enforcement officer can refer to when qualifying crimes under article 282.1 of the criminal code of the Russian Federation is presented.

scholarly journals Some problematic issues of the execution of punishment in the form of restriction of freedom

2021 ◽  
Vol 234 (11) ◽  
pp. 12-15
Author(s):  
ANATOLY A. MEDVEDEV ◽  
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
The State ◽  
Methodological Basis ◽  
Enforcement Officer ◽  
The Russian Federation ◽  
Law Enforcement Officer

The article discusses the issue of the execution of punishment in the form of restriction of freedom, problematic issues faced by a law enforcement officer. The purpose of the study is to identify problematic issues of the implementation of the restriction of freedom and to suggest possible ways of solving them. The methodological basis of the research was formed by the analysis, synthesis and formallogical methods. As a result of the work carried out, some problematic issues arising in the execution of restrictions on freedom have been studied, in particular, the calculation of the term of punishment, bringing the convicted person to criminal responsibility for committing a crime provided for in part 1 of Article 314 of the Criminal Code of the Russian Federation. The state of law enforcement in the issues under consideration is analyzed. As a result of the study, the need to amend the legislation of the Russian Federation for resolving the problematic issues indicated in the article has been substantiated. Key words: convict, punishment, restriction of freedom.

scholarly journals On violation of the logic of the legal mechanism of bringing to justice for beatings and additional measures for their prevention

2021 ◽  
Vol 2021 (3) ◽  
pp. 178-185
Author(s):  
Aleksey Drozd ◽  
Aleksandr Ravnyushkin
Keyword(s):  
Domestic Violence ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Federal Law ◽  
Criminal Cases ◽  
Public Prosecution ◽  
Protective Orders ◽  
The Russian Federation ◽  
Legal Mechanism

The relevance of the research is determined by a legal gap in the current legislation, which lies in the fact that when bringing a person who has committed a crime under Article 116.1 of the Criminal Code of the Russian Federation repeatedly in relation to the same person to responsibility, the state of the criminal record of this criminal is not taken into account. In this case, a person who has unexpunged or outstanding convictions, when committing battery for the third time, according to common sense, should be brought to criminal responsibility, and not to administrative responsibility, as is currently the case. In order to eliminate this conflict, the authors propose to include part 2 of Art. 1161 of the Criminal Code of the Russian Federation, which provides for the liability of a person who has an unexpunged or outstanding conviction in relation to the same person. At the same time, the authors consider it necessary to include a group of criminal cases considered as cases of public prosecution to part 2 of Art. 1161 of the Criminal Code of the Russian Federation. The authors also see an urgent problem of the need to improve the effectiveness of the prevention of domestic violence through the inclusion of new legal means in legislation and law enforcement practice. Attempts to implement the norms of international acts providing for legal means of preventing domestic violence in the Russian Federation, as well as the study of foreign experience on this issue, according to the authors, looks ambiguous and is debatable. In particular, the issue of introducing protective orders and orders as administrative and legal means of preventing administrative offenses through the adoption of the federal law «On the Prevention of Domestic Violence in the Russian Federation» is being considered. According to the authors, taking into account the foreign practice, there are sufficient grounds to believe that protective prescriptions and some other means will not be able to confirm their effectiveness in Russia.

scholarly journals Peculiarities associated with police inquiry into administrative violations committed on the Internet

2020 ◽  
pp. 21-26
Author(s):  
Dmitrii Novgorodov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Police Officers ◽  
Case Law ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Proceedings

The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

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