On the Sanctions of Criminal Legal Standards Providing Responsibility for Fraud Under Criminal Code of the Russian Federation

The article examines the criminal-legal problem of countering one of the most common types of crimes against property — fraud. The issues concerning the identification of the most complex legislative structures in order to improve and increase the effectiveness of the application in practice of the rule on a special type of fraud are considered. The issues of improving the criminal law norms on liability for fraud in order to increase their effectiveness in countering such crimes are investigated. It is noted that the problems of applying the new rules on fraud (Articles 159–159.6 of the Criminal Code of the Russian Federation), which is a common crime against property, remain unresolved. The signs of a special composition of fraud are analyzed, various judgments on this issue expressed in the legal literature are given. Proposals are being made to optimize criminal legislation in this area.

Legal problems of use of compulsory psychiatric treatment in Russia and Belarus

The subject of the research is the problems of legislative regulation of compulsory psychiatric measures in the criminal legislation of the Republic of Belarus and the Russian Federation.The purpose of the article is to confirm or refute the hypothesis that there are defects in legislative regulation that prevent the effective use of compulsory psychiatric treatment. They are not eliminated in the Criminal Codes of the Russian Federation and the Republic of Belarus. Research methodology. On the basis of a system-integrated approach on an interdisciplinary basis, a scientific analysis of special legal and forensic psychiatric scientific literature and interpretation of the criminal legislation of the Republic of Belarus and the Russian Federation were carried out.Main results. An analysis of the Criminal Codes of the Republic of Belarus and the Russian Federation showed that compulsory psychiatric treatment is an independent institution of criminal law, which is regulated in sufficient detail in the national criminal legislation. The article includes a comparative legal analysis of the norms of the criminal legislation of both states (Chapter 14 of the Criminal Code of the Republic of Belarus and Chapter 15 of the Criminal Code of the Russian Federation) that regulate psychiatric coercive measures applied to persons with mental disorders who have committed illegal acts. Based on the results of the study, a number of problems were identified in the legislative regulation of psychiatric compulsory measures in the criminal codes of both states, the authors propose directions for further improvement of the current criminal legislation.Conclusions. The Criminal Codes of the Republic of Belarus and the Russian Federation contain only general criteria for choosing the type of psychiatric measures of a coercive nature, in the most general form, the procedure for their change and termination is provided, they need editorial clarification of their purpose. There is no legislative definition of the concepts of “coercive security measures and treatment” (Chapter 14 of the Criminal Code of the Republic of Belarus) and “compulsory measures of a medical nature” (Chapter 15 of the Criminal Code of the Russian Federation), etc., which causes serious difficulties in law enforcement practice and indicates the need to continue work to improve the current criminal legislation.The terminology used “coercive and security measures and treatment” (Chapter 14 of the Criminal Code of the Republic of Belarus) and “coercive measures of a medical nature” (Chapter 15 of the Criminal Code of the Russian Federation) does not reflect the specifics of these measures, which in their essence and content are exclusively psychiatric measures. The identified problems of legislative regulation of psychiatric compulsory measures in the criminal legislation of both states require their further resolution, and based on the interdisciplinary medico-legal nature of the problems involved, with the obligatory involvement of forensic psychiatrists in their solution.

Symbiotic Penalties in Islamic Criminal Legislation, Atonement as a Model: A comparative study: العقوبات التكافلية في التشريع الإسلامي- الكفارات أنموذجاً دراسة فقهية مقارنة

Penalties in Islamic criminal legislation This research discusses the symbiotic a comparative doctrinal study. It addresses the definition of penalty - atonements as a model provisions in the Islamic system, and the provisions of symbiotic punishments in the atonement role in social solidarity. It also sheds light on the opinions of jurists in symbiotic and their positive punishments, and whether these expiations are punishments or types of reformation. In addition, of each particular we address in this research the types of symbiotic atonement and the type. The main goal is to examine the position of the Yemeni Sharia and legislation on symbiosis. atonement punishments This research is based on the inductive and analytical approach by extrapolating the words of Islamic scholars in the rule of atonements and their provisions. The approach depends on the analysis and discussion of what each team went to, while indicating the amounts of symbiotic punishments in the atonements such as food and clothing. The conclusion of the research sums up the most important findings of this research as well as recommendations.

Features of Mental Elements of Bribery Facilitation

The article provides a description of relevant features of the mental elements of the crime regulated by Article 291.1 of the Criminal Code of the Russian Federation. The paper also examines the general actor of the specific corruption act by applying a criminological approach and analyzing the empirical base for this category of criminal encroachment. The author researches the "physical" and "intellectual" bribery facilitation ways defined in the literature. Detailed attention is paid to optional features of the mental elements of mediation in bribery, such as: "motive" and "purpose" of the crime. The author proposes his definition of the mental elements of mediation in bribery, and provides the list of the social factors that influence the commission of a crime under Articles 291.1 of the Criminal Code of the Russian Federation having studied law enforcement practice and interviewed representatives of the general population of the Russian Federation. The results of this study can be used for further improvement of the criminal legislation of the Russian Federation, in terms of amendments and additions to the qualifying factors of bribery facilitation and the introduction of appropriate explanations in the current resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 of 09 July 2013 "On judicial practice in cases of bribery and other corruption-related crimes".

Criteria for Establishing the Status of Law Enforcement Officers under Criminal Legislation of Ukraine

The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceed power or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of division of their system are described. The criteria for determining the status of law enforcement officers are established, and the features that distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in the Criminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. The concepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcement powers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation are also investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal law scholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided.

CRIMINAL LAW PROTECTION OF RELATIONS ARISING IN CONNECTION WITH INSOLVENCY (BANKRUPTCY) IN THE EURASIAN ECONOMIC UNION: COMPARATIVE LEGAL RESEARCH

The Treaty on the Eurasian Economic Union (EAEU) was signed on May 29, 2014 in Astana by thePresidents of Russia, Belarus and Kazakhstan. It came into force on January 1, 2015. Currently, the fivemember States of the Eurasian Economic Union, in addition to ensuring the freedom of movement ofgoods, services, capital and labor, have set the goal of conducting a coordinated, coordinated or unified policy in economic sectors. Insolvency, being an objective economic phenomenon characterized by an acuteconflict of interests of participants, needs an effective system of protection, including criminal law. In thispaper, the author analyzes the current criminal law norms on liability for crimes in the field of insolvency(bankruptcy) in Russia, Kazakhstan, Belarus, Armenia and Kyrgyzstan. On the basis of the general historicaland theoretical development of criminal legislation in the post-Soviet space, reflected in the Model CriminalCode of the CIS member states, the author highlights the features of criminal law norms formed during theperiod of independent lawmaking of all states. Based on the conducted research, the author comes to theconclusion that the possibilities of unification of criminal legislation on liability for crimes in the field of nonproperty (bankruptcy) for the Union states have not been lost. Such integration should become one of thepriority areas for improving criminal legislation.

The Development of the Norms and Institutions of Criminal Law in the Transcaucasia Region at the Beginning of the 19th Century

The authors study the development of criminal law in the Transcaucasia region of the Russian Empire in the early 19th century, and discuss the political and legal significance of the accession of Transcaucasia to the Russian Empire. The normative basis of the research is various agreements of the Russian Empire, including agreements with the Khanates of Northern Azerbaijan, the acts of the supreme power —decrees, manifests and instructions, as well as the corresponding narrative materials. The methodological basis of this research is the general dialectic method of scientific cognition, the methods of empirical and theoretical character: description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis, as well as the special legal methods: formal legal, comparative legal. Research results made it possible to prove that, before Transcaucasia joined the Russian Empire, social relationships in the region, including criminal law ones, were regulated by both written and common law, and that state and political changes lead to changes in criminal legislation throughout the whole history. When Transcaucasia, which has a multi-national and multi-confessional population, joined the Russian Empire, the central government faced the task of working out a special criminal law policy of protecting the society from criminal infringements, as well as some other goals and tasks in this area. The authors determine the degree to which the borderland policy of the state influenced the development of the borderland criminal policy, describe legal acts that enacted changes in the criminal legislation. Special attention is paid to describing the institutions of criminal law that underwent changes though the participation of the state in this process; specifics of the goals and tasks of government coercion, as well as the general basics of sentencing are evaluated. The conducted analysis of the contents of historical legal acts allowed the authors to conclude that, after joining the Russian Empire, the essential tasks of the criminal law of Transcaucasia were, for the first time, formulated at the normative level, including such tasks as crime prevention and the protection of individuals and public safety from criminal infringements. The fundamental principles of humanism and justice, different from the previously dominant ones, were established in the criminal law.

Etrospective analysis of criminal-legal and criminological measures to ensure environmental safety the problem of high latency of environmental crime and solutions in the context of digitalization

In the present article, the author conducts a retrospective analysis of criminal law and criminological (preventive) state measures to ensure environmental safety and the conservation of natural resources. In the article, the author demonstrates the modification of criminal legislation aimed at preserving the main components of the natural environment, which depends on the development of society and its economic activities. In addition, the subject of the article is the designation of the relevance of the conservation of natural resources at all times, including the deterrence of illegal actions with the use of criminal and criminological measures. The purpose of the article is to indicate by the author a fairly high latency of environmental crime in Russia. Statistical indicators of the studied category of crime and the ongoing socio-economic processes in society question its real state. In this regard, the author of the article identifies a number of problematic factors that affect the provision of environmental safety by measures of criminal law and criminological influence. At the same time, in order to reduce the latency of environmental crime, the author proposes a number of measures of a state and managerial nature, including the use of modern digital technologies, resources and surveillance systems.

Corruption Offences: Current Challenges in Criminal Liability Differentiation

The purpose of this study is to apperceive the current challenges of criminal liability for corruption offences differentiation and, on this basis, to develop scientifically based proposals to address these problems and improve the effectiveness of criminal law anti-corruption measures. The object of the study is public relations associated with the formation and application of differentiated criminal legal anti-corruption measures. The subject of the study is the current legislation challenges, theory and practice in terms of a differentiated approach to the establishment and implementation of criminal liability for corruption offences. The methodological basis of the study comprises general, general scientific and special scientific methods of cognition, including the method of legal modelling. This scientific article reflects the results of a study of the current criminal legislation on liability for corruption offences, an analysis of judicial statistics and theoretical works referring to the issues under consideration, and contains specific proposals for further liability differentiation. The outcome of the study is a scientifically substantiated conclusion that the available differentiation of criminal liability for corruption offences is not fully aligned with the interests of the state and society in anti-corruption efforts. Furthermore, it does not comply with the equitable principle of criminal liability, indicating the advisability of elaboration of a set of measures to improve criminal legislation in this field.

On the Appropriateness of the Use of the Term “Inducement” in Article 2301 of the Criminal Code of the Russian Federation

The problem of prohibited substances (methods) abuse in sport has existed for quite a long time. On the one hand, by criminalizing certain anti-doping rules violations, legislation expanded the liability limits of coaches, sports medical personnel, and of other specialists in the field of sports, which can be regarded positively. On the other hand, it made certain mistakes which impeded the effectiveness of these laws enforcement. Among other things, there is a problem with definition of the term “inducement”. The term itself is defined in the note to article 2301 of the Russian Federation Criminal Code, but there is a controversy in demarcation of inducement. methods. While deception, the use of violence and instructions as inducement methods are socially dangerous at substantial level and can be regarded as methods of committing the crime, the provision of information or the prohibited substances themselves (means of using methods) cannot be regarded as methods of committing the crime. Such a definition of inducement means also leads to contradictions with the corpus delicti under Article 2302 of the Russian Federation Criminal Code. In addition, there are also different interpretations regarding the methods of inducement, coercion, involvement in the other corpus delicti, which, all together with the lack of a unified interpretation of the terms affects the possibility of bringing the guilty persons, especially coaches, sports medical personnel and other specialists in the field of sports, to criminal responsibility. The survey conducted among lawyers also has revealed difficulties in distinguishing these terms in practice. Based on the criminal legislation analysis, the author comes to the conclusion that the amendments in the Russian Federation Criminal Code are necessary.