scholarly journals Legal Nature of Terrorist Crimes in Russian Legal System

2021 ◽  
Vol 10 (2) ◽  
pp. 149-160
Author(s):  
Arseniy Georgievich Babichev ◽  
Elmira Robertovna Khakimova
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Large Scale ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Nature ◽  
The Russian Federation ◽  
Global Threat ◽  
Scientific Fields ◽  
System Point

The article examines the legal nature of terrorism from the Russian legal system point of view. The relevance of the research stems from the large scale, sophistication, and cruelty with which terrorist crimes have been committed over the recent decades. Terrorism has nowadays become a global threat, and any government, including government of the Russian Federation, must take it into consideration when formulating its domestic and foreign policy. In countering terrorist crimes, current regulations of the Criminal Code of Russian Federation take rather important part. Punishment differentiation, depending on corpus delicti and consequences, as well as correct qualification of terrorist crimes, are the most important conditions of those regulation’s efficient application. This problem is in fact interdisciplinary one, which is proved by researchers from other scientific fields: not only law scientists, but also psychologists, historians, political scientists. All the listed illustrates relevance, timeliness, and expediency of researching the problems mentioned. The purpose of the study is formulating recommendations for solving the above-mentioned issues of improving the existing criminal (and other) measures and developing new viable and practically applicable criminal measures for countering terrorist crimes.

scholarly journals Doctrinal issues of criminal responsibility in Russian criminal law

2019 ◽  
pp. 128-135 ◽  
Author(s):  
E. N. Barkhatova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.

scholarly journals Illegal cash withdrawal: theory and practice of lawyers

2020 ◽  
pp. 135-140
Author(s):  
Gennady Nasimov ◽  
Samir Aliev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Theory And Practice ◽  
Banking Activity ◽  
Legal Nature ◽  
Special Scientific ◽  
The Russian Federation

Today everyone knows about cashless funds: children and adults, poor and rich, criminals and law enforcement officers. Non-cash funds are of special scientific interest in the context of their illegal cashing out: cashing schemes; identification and investigation of this fact; qualification of the deed. The authors of this article set and achieved the following tasks: 1) to reveal the concepts of “banking activity”, “banking operation”; 2) study the legal nature of illegal banking; 3) on the basis of personal advocate practice, reveal the mechanism of illegal cash withdrawal; 4) to consider the issue of subjects of illegal banking and illegal cash withdrawal; 5) on the basis of the analysis, propose the option of the correct qualification of illegal cashing. The authors came to the following conclusions: 1) the qualification of illegal cash withdrawal under article 172 of the Criminal Code of the Russian Federation is erroneous; 2) the actions of the “cashier” associated with causing the company or the state major damage (large-scale extraction of income) must be qualified under article 171 of the Criminal Code of the Russian Federation. This article will be useful to individuals studying the disciplines “Criminal Law”, “Fundamentals of the qualification of crimes”, “Criminology”, as well as scientists and practitioners in qualifying the considered criminal phenomenon. In addition, the publication supplements scientific research in the field of criminal law and criminology.

scholarly journals Socially Dangerous Consequences in the Norms on Economic Crimes: Problems of Recognition in the Law

Lex Russica ◽  
2020 ◽  
pp. 53-63
Author(s):  
A. N. Kameneva
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
The Russian Federation ◽  
The Law ◽  
Extent Of Damage ◽  
Economic Crimes

The paper investigates the normative regulation of socially dangerous consequences of economic crimes set forth in Chapter 22 of the Criminal Code of the Russian Federation. A legislative structure of economic crimes is rather heterogeneous. Some of them are determined as formal (registration of illegal transactions with real estate — Art. 170; illegal organization and conduct of gambling — Art. 171.2, etc.); others are defined as economic (illegal obtaining of credit — Art. 176; abuse of securities issue — 185, etc.); and the third are defined as formal economic (illegal entrepreneurship — Art. 171; restriction of competition — Art. 178 et al.).The paper analyzes the negative aspects of including the criteria characterizing socially dangerous consequences in the norms-notes to Chapter 22 of the Criminal Code of the Russian Federation, determines the significance of criminological peculiarities of economic crimes in determining the extent of damage caused by economic crimes of different types; the influence of the nature and amount of damage established in the law on the exemption from criminal liability for the commission of economic crimes.It is concluded that a law-maker needs a more uniform approach to determining the types and sizes of consequences caused by economic crimes (types should be, as a rule,” economic”, and the size should be the same for all the crimes) and to the placement of quantitative indicators of consequences (in the note to Article 1 where sequences are specified); to achieving compliance with the rules of differentiation of responsibility in the construction of basic and qualified crimes (large and especially large scale of consequences should be indicate only for the latter); to imposing "unfavorable” sanctions from the point of view of the legal consequences of economic crimes, and, on the contrary, to giving a “favorable” character to the exemption from criminal responsibility under Art. 76.1 of the Criminal Code of the Russian Federation in comparison with the specified sanctions.

scholarly journals THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

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.

scholarly journals ON THE LEGISLATIVE CONSTRUCTION OF TERRORIST CRIMES IN THE SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF ARTICLES 205–205.6 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 6 (3) ◽  
pp. 46-52
Author(s):  
D. V. Golenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Current Practice ◽  
Criminal Code ◽  
Point Of View ◽  
Current Trends ◽  
Special Part ◽  
The Russian Federation

The article discusses current trends characteristic of the Russian criminal law and the practice of its application in the fi eld of combating terrorism. The acts provided for in Chapter 24 of the Criminal Code of the Russian Federation (Articles 205205.6 of the Criminal Code of the Russian Federation) are analyzed in detail from the point of view of the location of the legislative material, as well as the structures of the elements of the crimes. Special attention is paid to the structure of Articles 205205.6 of the Criminal Code of the Russian Federation (dispositions, sanctions, notes). The types of structures of terrorist crimes at the time of completion are considered. The article analyzes the current practice of applying this Articles of the Criminal Code of the Russian Federation, as well as offi cially published judicial statistics. The study allowed us to identify existing contradictions within the criminal law and formulate some recommendations for improving legislation in the field of combating terrorism.

scholarly journals Conversion of Cashless Money into Banknotes as a Type of Economic Crime

2019 ◽  
Vol 13 (4) ◽  
pp. 595-603
Author(s):  
Agnessa Inshakova ◽  
Marina Goncharova ◽  
Tamara Makarenko ◽  
Alexander Goncharov
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Code ◽  
Economic Behavior ◽  
Economic Crime ◽  
Commercial Company ◽  
The Russian Federation ◽  
Commercial Organizations ◽  
And Behavior ◽  
Journal Of Business Ethics

The conversion of cashless money into banknotes is described as a type of economic crime. It is proven that such acts should not be qualified as illegal entrepreneurship or illegal banking. The authors examine the elements of these economic crimes. They suggest changing the title of Art. 171 of the Criminal Code of the Russian Federation. They also analyze formal elements of the crime under Art. 172 of the CC of the RF and prove that it has a special category of offender. It is argued that there are no grounds to view the conversion of cashless money into cash as a mock transaction because it is a mistake to think that the transaction does not lead to any legal consequences. The authors show that there is a number of legal facts arising after the conversion of cashless money into banknotes which constitute an actual fictitious deal, although it is not named in legislation. The research is based on the analysis of mainly Russian sources — research publications in legal and economic journals. Besides, the authors have critically assessed the positions of Western legal scholars and economists published in such journals as Journal of Financial Crime, Journal of Economic Surveys, Criminal Justice and Behavior, Journal of Business Ethics, Theory and Decision, Journal of Economic Behavior & Organization. As for the empirical part, they have studied the Decrees of the Plenary Sessions of the Supreme Court of the Russian Federation in 2004 and 2015. Based on the scientific analysis of the constituent elements of the crime of evading taxes, duties, insurance premiums by an organization, the authors argue that the conversion of cashless money into banknotes is carried out by the leaders of commercial organizations with the goal of this criminal evasion. The crime is committed by a group of persons having conspired, as a rule, on a large scale, and is initiated by the head of a commercial company.

scholarly journals Topical Problems of Criminal Prosecution for Illegal Banking Transactions

2019 ◽  
Vol 13 (6) ◽  
pp. 962-970
Author(s):  
Diana Alekseeva ◽  
Irina Mikheeva ◽  
Tatyana Suspitsyna
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Subject ◽  
The Russian Federation ◽  
Bank Employees ◽  
Uniform Assessment ◽  
Unambiguous Interpretation

In recent years there has been an increase in the number of crimes under Art. 172 of the Criminal Code of the Russian Federation («Illegal banking»), whose subjects, among other things, act as intermediaries for their clients and are not one of the sides in a contract with the bank. Such practice is not indisputable, because innocent people could be prosecuted if there is a mistake in the qualification of actions. The authors of the article assess the actions of physical persons providing the services of intermediaries for the bank clients who open accounts, make payments, conduct encashment and different cash operations. Specifically, the authors note that different actions of the bank and the client connected with banking transactions are designated in law in the same way, which leads to controversial situations, including the qualification of such actions as crimes. The authors determine the legal nature of banking as an aggregate of systemic banking operations and conclude that the actions of physical persons — intermediaries who are not bank employees or managers or other persons authorized by the clients of the bank — do not correspond to the characteristics of a crime under Art. 172 of Criminal Code of the Russian Federation. They stress that the current edition of Art. 172 of the CC of the RF does not allow for an unambiguous interpretation of the subject of the analyzed corpus delicti; the authors also present data from court practice that testify that it does not have a uniform assessment. The position of the Constitutional Court of the Russian Federation on this issue raises questions. The authors support the legal approach according to which Art. 172 of the CC of the RF refers to a special subject (head or other employee of a credit organization). They also point out that the disposition of the norm, in the part that includes subjective characteristics, makes it possible to prosecute a person for both intentional and negligent actions, which is not very well-grounded; the authors support the position that a person can only be prosecuted for illegal entrepreneurship if the intention is determined.

scholarly journals Points at Issue With the Definition of Forgery (the Case Study of Article 326 of the Criminal Code of the Russian Federation)

2019 ◽  
pp. 1-17
Author(s):  
Evgeniy Mikhailovich Trubin ◽  
Stanislav Igorevich Golubev
Keyword(s):  
Russian Federation ◽  
Single Point ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Provisions ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Analysis System ◽  
Definition Of ◽  
State Registration

The object of the research is the definition of forgery as it is used by the legislation, in particular, in Article 326 of the Criminal Code of the Russian Federation. The authors see the following problems: no legal definition, no single point of view in the doctrine of criminal law and incoordinations with other terms used in law. The wording 'forgery or counterfeiting state registration sign' used in Article 326 of the Criminal Code of the Russian Federation makes the situation even more complicated. Thus, the subject of this research is different doctrinal interpretations of the term 'forgery' and judicial practice. The methodological framework of the research covers such methods as analysis and synthesis, comparative law analysis, system-structured and formal law approaches, theoretical prognistic method and interpretation of legal provisions. The novelty of the research is caused by the fact that the author offer their own definition of the term 'forgery' and concludes that forgery and forgery documents/items are compatible and intersecting terms. The authors also conclude what criteria of truth and authenticity can be used to describe items/documents as forgery-counterfeiting, forgery but not counterfeiting and counterfeiting but not forgery. They also make recommendations on what amendments should be made in the applicable law. 

Sign in / Sign up

Export Citation Format

Share Document