Legal assessment of signs of the subjective part of office-economic crimes in the sphere of implementation of the national project “Healthcare”

This study is a study of the peculiarities of the subjective side of service and economic crimes in the framework of the implementation of the national project «Health» through the analysis of judicial acts, as well as the provisions of the domestic doctrine. The main result of the study was the identification of the author’s signs of the subject’s intent when committing socially dangerous acts in the area under consideration.

Questions of legal assessment of the entry and situation of Ukrainian lands within the Grand Duchy of Lithuania

The article considers the problem of formation and development of the Grand Duchy of Lithuania and the legal assessment of the situation of the Ukrainian lands conquered by Lithuanians. In the context of this problem, the authors analyze in detail the main stages of the Lithuanian state during the reign of Mindaugas, the creation of a centralized system of power and the establishment of the ruling Gediminas dynasty, active expansionist foreign policy during the reign of Prince Olgerd. It is clear that the authors are particularly interested in the process of conquest of Ukrainian lands by Lithuanians through the so-called “quiet expansion” and its main consequences that occurred in the socio-political life of the Ukrainian and Lithuanian peoples. In this context, the authors thoroughly analyze the process of assimilation of Lithuanians by Ukrainians, who were in the state-building and cultural relations much higher than their conquerors. Lithuanians borrow from the Ukrainians the Orthodox faith, the Old Russian language, “Russian Truth”, becomes the main source of law before the adoption of the Lithuanian Statutes. As a result of assimilation processes, Lithuanians who lived on Ukrainian lands forgot who they were – Lithuanians or Ukrainians. Along with the positive phenomena, the article analyzes the negative innovations introduced in Ukraine at this time: the removal from power in Kiev of the princes of the Rurik dynasty and the arrival of representatives of the Lithuanian Gedeminovich dynasty and the creation, unlike Kievan Rus, a strong centralized Lithuanian state. The article analyzes the process of changing the legal status of the Ukrainian lands-principalities, which became part of the Grand Duchy of Lithuania, at the initial stage of its formation and development (broad autonomy with elements of federalism) and during the period of enhanced centralization of grand ducal power and their transformation into governorates of the Lithuanian state in the second half of the XV century. According to the authors of the article, the Grand Duchy of Lithuania, despite its different names (Lithuanian-Russian, Russian-Lithuanian states, etc.), was not a Ukrainian state.

The phenomenon of gangsterism in the context of motorcycle gangs

The study concerns the phenomenon of gangsterism. The author presents the problem from the social and criminological perspective. The article includes, among others, a review of gang defi nitions and twin concepts, as well as typologies and classifi cations of the analysed criminal forms. The considerations in the article refer to the phenomenon of motorcycle clubs/ gangs. The author signals a number of practical problems connected with distinguishing the above mentioned structures and stresses the importance of knowledge of the aetiology of the phenomenon for a proper legal assessment of behaviours associated with the concept of a motorcycle gang.

Receipt of illegal remuneration by an ex-officer: law, theory, practice

The article deals with the issues of criminal-legal assessment of situations when an official for a specified remuneration performs the necessary actions (inaction) in the service, and the remuneration itself is received after the loss of the officials status (deferred bribe). The author criticizes the established judicial practice of qualifying such cases as the final receipt and giving of a bribe, since it directly violates the provisions of Articles 3, 8, 29, 290, 291 of the Criminal Code of the Russian Federation. If the recipient of the remuneration is not an official, then his act cant be qualified as a completed bribe-taking by an official by virtue of the law. The article proves that the only correct variant of the criminal-legal assessment of the offense in such cases is the imputation for the ex-official the preparation for receiving a bribe under Article 290 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. Equally, in the actions of the bribe-giver in the analyzed situation from the standpoint of the current version of the criminal law, the author sees only a conspiracy with an official to give-receive a bribe, that is, preparation for giving a bribe, qualified under Article 291 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. In conclusion, it is stated that the Criminal Code of the Russian Federation has an obvious gap in investigated part, which requires elimination by amending the criminal law (after a thorough and balanced discussion of their draft).

Russian Diplomatic Espionage in Italy

After uncovering Russian espionage activities on Italian territory, Italy expelled two Russian diplomats allegedly involved in such activities. The Italian decision, as well as the Russian response, offer a classic example of States’ reaction to acts of non-violent espionage. This comment offers a legal assessment of the events that unfolded in March 2021 and takes into account the implications, in matters concerning espionage, of declarations of persona non grata, diplomatic immunity and, generally, customary international law.

CRIMINAL LIABILITY FOR CRIMES IN THE SPHERE OF MEDICAL ACTIVITIES: TOPICAL ISSUES OF DEVELOPMENT OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

В статье рассматриваются актуальные вопросы квалификации и расследования ятрогенных преступлений на основе материалов судебной практики, а также обозначена проблема отсутствия единообразного подхода к уголовно-правовой оценке случаев фальсификации вакцинации от коронавируса, совершенной медицинскими работниками. The article discusses topical issues of qualification and investigation of iatrogenic crimes based on materials of judicial practice, and also outlines the problem of the lack of a uniform approach to the criminal legal assessment of cases of falsification of vaccination against coronavirus committed by medical workers.

The Evolution of Classical Evaluation Standards in Competition Law: The Legal Assessment of Tying in View of Challenges Raised by Digital Markets

This paper provides a detailed review of evaluation standards for the legal assessment of tying. This practice, which constitutes an abuse of a dominant position, is a significant breach of competition law. The mechanism of this type of abuse is based on taking advantage of market power in the supply of one product to create packed offerings capable of precluding competition from superior rival solutions. Tying occurs when one product, the “tying product”, is sold only with another product, the “tied product”. In the prevailing number of cases, tying serves to consolidate the company’s dominant position on the tied product market, which usually aims to share the tying product’s large customer group with the less-desired product. However, tying is not illegal per se. In many cases, it does not lead to any anti-competitive concerns, and might be beneficial for consumers. This is why each assessment of this conduct must be carefully evaluated with special attention given to the effects, in accordance with the generally applied effect-based approach, and also potential efficiencies. An analysis of the case-law and literature reveals the basic mechanisms for conducting a legal assessment of tying. However, the use of these mechanisms will not be possible without their adaptation to the ongoing changes caused by technological development. Digital markets not only generate incremental revenues, but are also the sources of new or unusual legal arrangements. It will more frequently be the case that existing provisions will not be able to address every new practice accurately without new acts. The Digital Markets Act aims to adapt the existing legal framework to contemporary market realities and to become a modern tool for enforcing competition law rules on digital markets. The European Commission is seeking to broaden its powers to intervene at the earliest possible stage, before an undertaking affects the competition on a market.

The Development of Medical Criminal Law in Germany and in Russia

Negative consequences of the actions of medical professionals have always been subject to controversial assessment from the legal standpoint. There were periods in Russian history when doctors were prosecuted even without establishing their guilt first, and the periods when doctors were not held responsible at all for the violations that they committed. Currently, medical and pharmaceutical work is a complicated process of performing professional functions connected with the observance of established standards and requirements of its organization. Most medical tests and manipulations of prevention, research, diagnostic, treatment or rehabilitation character are regulated by formal protocols which could, in some cases, prevent a qualified doctor from saving a patient’s life and in others — inflict forced harm on their health. Both of these situations require a legal assessment of the actions, the mechanism of which has not yet been fully determined. This circumstance could lead to a criminal prosecution of a medical professional whose fault is absent (or non-obvious). On the other hand, a structurally complex professional activity, for which there are no recognized methods of legal assessment, creates preconditions for various violations and abuses on the part of medical professionals. Changing relationships between a doctor and a patient, as well as the commercialization of modern medical practices have made the healthcare system one of the most delicto- and even criminally-oriented. These factors act as causes for the growing complexity of legislation (in the wide sense of the word) on criminal liability of medical professionals and the controversial law enforcement practice which, in its turn, leads to the interest of researchers in these problems. The results of such research often remain unconnected with other achievements of the criminal law science; due to this, it is necessary to study the development of law, including the practice of law enforcement and the doctrine, on criminal liability of medical professionals – medical criminal law. Taking into consideration that such a sub-branch of law is not traditional for Russian science, the authors present the results of researching the development of medical criminal law not only in Russia, but also in Germany, where this sphere of law has long been established as independent.

Export Cartels: the Problem of Antitrust Regulation

The legal assessment of export cartels today is one of the most pressing problems in the field of antitrust regulation, including in relation to transnational markets. The authors analyze the essence of the export cartel phenomenon, judicial and other law enforcement practice in cases of export cartels, identify its characteristic features and propose ways to solve the problem, including in relation to the Eurasian Economic Union.