The use of mass media and information and telecommunication networks as an evidence of offences punished for illegal trafficking of items and materials

2020 ◽  
Vol 2020 (4) ◽  
pp. 80-88
Author(s):  
Andrey Antipov
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Illicit Trafficking ◽  
Special Control ◽  
Comprehensive Study

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.

Punishability of the acts of extremist orientation provided by Article 282 of the Criminal Code of the Russian Federation

2019 ◽  
pp. 40-54
Author(s):  
Дмитрий Сергеевич Дядькин
Keyword(s):  
Russian Federation ◽  
General Structure ◽  
Real Life ◽  
Criminal Code ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Sharp Growth ◽  
The Russian Federation ◽  
The Moment ◽  
Modern Russian

В статье представлены результаты анализа наказуемости за одно из наиболее распространенных в последнее время в Российской Федерации преступление, предусмотренное ст. 282 УК РФ - возбуждение ненависти либо вражды, а равно унижение человеческого достоинства. В последние годы имеет место резкий рост количества осуждений лиц по ст. 282 УК РФ. Данная практика крайне репрессивна, не поддерживает одобрения в обществе, существенно критикуется и негативно оценивается даже властью, которая в последнее время предприняла действия по изменению сложившейся ситуации. Изменение структуры привлечения и осуждения лиц по ч. 1 и ч. 2 ст. 282 УК РФ - исчезновение квалификации действий лиц по ч. 2 - свидетельствует об изменении характера данных преступлений, способа их совершения, а самое главное - подходов к привлечению лиц к ответственности за совершение преступлений экстремистской направленности. Работа правоохранительных органов полностью переключилась с выявления, пресечения и наказания экстремистских деяний, совершаемых в реальной жизни, и на данный момент абсолютное большинство лиц, привлеченных по ст. 282 УК РФ, - это лица, допустившие те или иные высказывания» в социальных сетях. Ч. 2 ст. 282 УК РФ (квалифицирующие признаки, ее составляющие) на данный момент потеряли свою актуальность и не отвечают современным реалиям. Наказуемость за преступления, предусмотренные ст. 282 УК РФ, атипична по отношению к общей структуре применения наказаний в РФ за преступления в целом: за данное преступление осуждается к условному лишению свободы 61 % лиц, 11 % - к реальному лишению свободы. Данное положение вещей отражает ситуацию, когда дефиниция преступления по своему существу не отвечает ожиданиям современного российского общества, при этом внутреннее убеждение судейского корпуса также находится в определенном диссонансе. Современные российские реалии не позволяют судам выносить оправдательные приговоры в достаточном количестве, и судам приходится применять к лицам, по сути невиновным, наказания крайне незначительные или условно. По ст. 282 УК РФ данная тенденция явно прослеживается. Results of the analysis of punishability for one of the most widespread in the Russian Federation the crime provided by Art. 282 of the Criminal Code of the Russian Federation are presented recently in article there is an arousing hatred or hostility, and humiliation of human dignity is equal. In recent years the sharp growth of number of condemnations of persons according to Art. 282 of the Criminal Code of the Russian Federation takes place. This practice is extremely repressive, does not support approval in society, is significantly criticized and negatively estimated even by the power which took actions for change of a situation to the sphere recently. Change of structure of attraction and condemnation of persons according to Pt. 1 and Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation - disappearance of qualification of actions of persons according to Pt. 2 - demonstrates to change of nature of these crimes, a way of their commission, and the most important - approaches to involvement of persons to responsibility for commission of crimes of extremist orientation. Work of law enforcement agencies completely switched from identification, suppression and punishment of the extremist acts made in real life, and at the moment the vast majority of the persons involved according to Art. 282 of the Criminal Code of the Russian Federation are faces the allowed these or those statements on social networks. Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation (the qualifying signs, it making) at the moment lost the relevance and do not answer modern realities. The punishability for the crimes provided by Art. 282 of the Criminal Code of the Russian Federation is atypical in relation to the general structure of application of punishments in the Russian Federation for crimes in general: for this crime it is condemned to conditional imprisonment 61 % of persons, 11 % - to real imprisonment. This state of affairs reflects a situation when the crime definition on the being does not answer expectations of modern Russian society, at the same time the internal belief of judiciary also is in a certain dissonance. Modern Russian realities do not allow vessels to pronounce justificatory sentences in enough, and vessels should apply to persons, in fact the innocent, punishments extremely insignificant or is conditional. According to Art. 282 of the Criminal Code of the Russian Federation this trend is obviously traced.

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 Criminological Characteristics and Prevention of Crimes Related to Illicit Trafficking of Special Technical Means for Secret Obtaining of Information (Regional Aspect)

2018 ◽  
Vol 9 (3) ◽  
Author(s):  
Evgeny Usov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Technological Development ◽  
Criminal Code ◽  
Irkutsk Oblast ◽  
Regional Aspect ◽  
The Russian Federation ◽  
Illicit Trafficking

The process of technological development of the society involves the emergence of not only new opportunities, but also new potential threats. Special technical means for secret obtaining information are the devices with unique characteristics that determine their use in law enforcement. At the same time, illegal trafficking of these devices poses a threat to the objects of criminal law protection. The article analyzes the crimes, as provided for by Art. 138.1 of the Criminal Code, committed on the territory of Irkutsk Oblast over the period from 2011 to 2017. It brings forth the criminological features of crimes, as provided for by Art. 138.1 of the Criminal Code of the Russian Federation, committed on the territory of Irkutsk Oblast: it describes the typical methods and time of committing crimes, the peculiarities of the criminals' personality. In addition, this paper offers measures to counteract this type of crime. It gives a criminological characteristics of the crimes connected with illicit trafficking of special technical means for secret receiving of information.

scholarly journals SPECIFICITY OF QUALIFICATION OF CRIMES COMMITTED WITH THE USE OF THE INTERNET IN RELATION TO MINORS

2018 ◽  
Vol 22 (2) ◽  
pp. 136-142
Author(s):  
M. I. Sinyaeva ◽  
S. A. Moskalenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Suicidal Behavior ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Criminal Violence ◽  
Explanatory Note ◽  
Wide Scale ◽  
The Russian Federation ◽  
Use Of The Internet

The article analyzes the data of the Investigative Committee of the Russian Federation, from which it follows that over the past three years, cases of suicidal behavior of minors have increased dramatically. At the same time, the problem of leading minors to suicide by involving them in so-called death groups has recently become particularly acute. The article analyzes the criminal law characteristics of the changes in the Criminal code of the Russian Federation concerning the establishment of special mechanisms to counteract the activities aimed at encouraging children to suicidal behavior. The explanatory note to the relevant law is considered, in which it is noted that "new types of inducement to commit suicide or to facilitate the Commission of suicide were not previously predicted by science, were not timely evaluated by criminologists and in fact took a wide scale, being outside the criminal law assessment, and therefore outside the activities of law enforcement agencies to identify the organizers of such destructive activities, timely suppression of their actions, as well as protection of victims". After analyzing the sanctions, according to the newly introduced articles of the Criminal code of the Russian Federation, the authors conclude that the Russian legislator does not demonstrate a common approach to the criminal and legal assessment of criminal violence against minors, treating violent crimes against minors to various categories of crimes. It is intended to discuss the question of the uniform categorization of all crimes against minors as grave and especially grave. This is due to the fact that a person under the age of 18, regardless of the type of violence, can already be regarded as helpless because of his age, so any crime against him / her should be considered violent, and depending on the circumstances and type of violence - particularly grave.

scholarly journals Improving the Activities of the Prosecutor’s Office for Preventing Crimes of Extremism Among Minors

Legal Concept ◽  
2021 ◽  
pp. 74-81
Author(s):  
Pavel Fantrov ◽  
Mikhail Bobovkin ◽  
Stanislav Medentsov
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Russian Federation ◽  
Professional Training ◽  
Future Generation ◽  
Legal Regulation ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Future ◽  
The Russian Federation

Introduction: the problem of preventing extremism among minors, which has not lost its current relevance, deserves special attention. It is quite specific; it concerns the prospects of the future generation. Among other tasks that the Prosecutor’s Office faces, the prevention of juvenile delinquency, including of extremist orientation, is particularly important. Not only the state and trends of crime of extremism in the future, but also the moral climate in Russian society, largely depend on how this task is solved with the help of the prosecutor’s supervision. The purpose of the study: to identify and characterize the priority areas for improving the activities of the Prosecutor’s office of the Russian Federation in the context of preventing crimes of extremism among minors. The objectives of the study: to identify and describe the problems of the prosecutor’s supervision for the prevention of crimes of extremism among minors; to assess the coordination activities of the law enforcement agencies to combat youth extremism; to develop recommendations for improving the prosecutor’s supervision in the field of preventing crimes of extremism among minors. The methodological framework for the study is represented by a system of methods of scientific knowledge, which should include: the general scientific, systemic, institutional and comparative legal ones. Results: the main problems in the activities of the prosecutor’s office for the prevention of extremist juvenile delinquency are identified, which the authors of the paper refer to: formalism; the lack of an individual approach to preventive work; the problems of interdepartmental interaction. The authors point out the need to improve the legal regulation of the prosecutor’s status as a coordinator and one of the key subjects of the prevention of offenses of extremism. Conclusions: to increase the efficiency of the prosecutor’s supervision in the field of preventing crimes of extremism among minors, it is advisable: to introduce the innovative methods and technologies for influencing juvenile offenders involved in extremist activities (for example, mediation); to improve the mechanism of interaction of all subjects of the system of prevention of juvenile crimes; not formal, but thorough the supervision of the activities of the supervised subjects of prevention and others; to create the specialized units in the structure of the Prosecutor General’s Office of the Russian Federation and the Prosecutor’s offices of the subjects of the Russian Federation, which could combine all areas of the prosecutor’s supervision over compliance with the legislation on juvenile affairs, including countering extremist activities of minors; to improve the level of professional training and qualification of young employees of the prosecutor’s office, determining the efficiency of the prosecutor’s office, based on the indicators of the real restoration of the rights and freedoms of citizens.

scholarly journals Active Complicity in the Activities of an Undesirable Foreign or International Organization

2021 ◽  
Vol 2021 (4) ◽  
pp. 365-372
Author(s):  
Svetlana Sheveleva ◽  
Irina Grigorova ◽  
Dmitriy Grigorov
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
International Organization ◽  
Religious Organizations ◽  
Russian Society ◽  
Federal Law ◽  
Early Prevention ◽  
The Russian Federation

Federal Law No. 292-FZ adopted on July 1, 2021, amended Article 284.1 of the Criminal Code of the Russian Federation. The procedure expanded the term of active complicity in that part of the Criminal Code that is aimed at early prevention of crimes that may affect the constitutional foundations and security of Russian society, e.g. development of destructive tendencies among the population under the influence of foreign organizations. The research objective is was to determine the limits of liability for 1) participation in the activities of a foreign or international organization recognized as "undesirable" on the territory of Russia (Part 1 of Article 284.1 of the Criminal Code of the Russian Federation); 2) complicity by financing such an organization (Part 2); 3) organizing the activities of such an organization on the territory of Russia (Part 3). The authors defined a set of criteria for distinguishing "undesirable" international or foreign religious organizations from those recognized in Russia as extremist. The article introduces the authors’ vision of the three forms of active complicity. The authors explain the technical and legal flaws in Article 284.1 of the Criminal Code of the Russian Federation and propose their own variant.

scholarly journals Relevant issues of conducting verification of reports on illegal banking operations

2021 ◽  
pp. 1-8
Author(s):  
Anisya Aleksandrovna Dementyeva
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Legitimate Business ◽  
The Russian Federation ◽  
Major Attention ◽  
Banking Operations

This article is dedicated to the issues of conducting audit pursuant to the Article 144 of the Criminal Procedure Code of the Russian Federation on report of crimes established by the Article 172 of the Criminal Code of the Russian Federation. Methodological framework for this research consists of dialectical, logical, and formal-legal methods; the normative framework is comprised of the Constitution of the Russian Federation, criminal and criminal procedure legislation of the Russian Federation, local normative acts that regulate the conduct of audit initiating at the stage of initiating a criminal case. Major attention is turned to the theoretical and applied issues associated with the initiation of criminal cases stipulated by the Article 172 of the Criminal Code of the Russian Federation. Analysis is conducted on the peculiarities of seizure of objects and documents on this category of crime; as well as on the goals, tasks, methods of seizure, and admissible procedural actions. The author examines the questions of admissibility of evidence received at the state of opening a criminal case, their role in subsequent stages of criminal proceedings. Assessment is given to the existing theoretical and practical views on the possibility of instituting a search and seizure prior to opening a criminal case. The author analyzes case law on the topic, and concludes on the need for further amendments. The importance of observing the rights and legitimate interests of individuals and companies in the course of pre-trial proceedings pertinent to the reports of illegal banking operations is substantiated. The author also indicates that arbitrary interference of law enforcement agencies in legitimate business activity is unacceptable.  

scholarly journals Historical Aspect and Prerequisites for Amending the Constitution of the RF

2017 ◽  
Vol 4 (3) ◽  
pp. 202-207
Author(s):  
V A Jilkin
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Russian Federation ◽  
Legal System ◽  
The United States ◽  
Criminal Code ◽  
Russian Society ◽  
Historical Aspect ◽  
The Rule Of Law ◽  
The Russian Federation

The following article examines aspects of the United States Agency for International Collaboration (USAID) programs influence in the rule of law field, started in the USSR during the early 90s. USAID-funded Rule of Law implementers helped draft the Russian Constitution, Part I of the Russian Civil Code, and the Russian Tax Code. The American Bar Association of the USA took an active part in changing Russian legislation since 1992, which was also funded by the USAID. The Constitution of 1993 included a provision on the priority of international law over national legislation. This provision was also included in Article 1 of the Criminal Code and in Article 1 of the Russian Code of Criminal Procedure. The article also deals with an enshrined supremacy of the Constitution found in the US Constitution and that of the European countries. For example, if there is a conflict between constitutional provisions and an international treaty, priority is given to the Constitution. Not all states recognize certain norms and implement them, just as legal practice is not always identical. Attempts to introduce alien values, ideologies, cultures and traditions, all the more with the help of international law, pose a threat to the democratic foundations of the Constitution as a legal act that has the highest legal force in the legal system of the state. The author suggests that the text of the Constitution of the Russian Federation would see the provision removed, according to which international law forms an integral part of the legal system of the Russian Federation. Amendments to the Constitution of the Russian Federation will strengthen Russia’s independence in the sphere of law, bringing back the best traditions of the functioning state authorities and judicial bodies, which should correspond to the current development of Russian society. Keywords: international law, constitutional law, the rule of law, double standards, human rights.

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 Analysis of the criminal legislation of France, England and Spain about responsibility for lecherous actions

2021 ◽  
Vol 27 (4) ◽  
pp. 186-191
Author(s):  
Valeria A. Demidovich
Keyword(s):  
Russian Federation ◽  
Practical Experience ◽  
Legal Regulation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Job Responsibilities ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of this article is to analyse the existing legal regulation of acts that are part of the crime under Art. 135 of the Criminal Code of the Russian Federation, in the criminal legislation of foreign countries. This analysis is aimed at improving Russian legislation in terms of counteracting the commission of these crimes. The author outlines the problem of qualifying lecherous actions both in Russian and foreign legislation. The category of “lecherous acts” in the understanding of Russian legislation and its correlation with similar acts in foreign countries has been investigated. The legislative and practical experience of England, Spain and France in this area is analysed, the advantages and disadvantages of the legal regulation of lecherous actions are highlighted. Positive experience is presented as proposals for optimising Russian legislation providing for liability for lecherous acts, it is proposed to give a legal assessment of the acts provided for Art. 135 of the Criminal Code of the Russian Federation, committed with the use of telecommunication networks by persons who are legal representatives of minors, as well as persons whose job responsibilities include providing care, upbringing and rendering educational services, since the commission of a crime under Art. 135 of the Criminal Code of the Russian Federation in these conditions is a greater public danger.

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