Crimes infringing on the electoral rights of citizens: the definition and classification

The article considers the definition of the concept and classification of crimes that infringe on the electoral rights of citizens, taking into account their distinctive features.

Current issues of the implementation of a criminal penalty

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

Differentiation of criminal liability depending on the signs of the subject of the composition of a transport crime

Subject of research: signs of the subject of the offenses under Art. 264 and 2641 of the Criminal Code of Russia (hereinafter the Criminal Code). Purpose of the study: formulation of proposals on the content of the category "subject of traffic crimes", depending on which a qualitative differentiation of responsibility for crimes involving the use of motor vehicles is ensured. List of methods and objects of research. To obtain the results of the research, the methods of cognition used in the humanities (legal) sciences were used. The method of content analysis was used in the study of the content of Art. 264, 2641, 109 and 118 of the Criminal Code, as well as Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25. The dialectical method was used in the study of opinions on the qualification of some transport crimes. Logical and systemic-structural methods were applied in the study of the typical degree of social danger of the criminal's personality. Conclusions based on the results of the study: 1) the subject of the offenses under Art. 264 and 2641 CC is special. It is determined on the basis of the existence of an official right to drive a vehicle and the corresponding obligation to comply with the relevant safety rules; 2) the instructor possesses the characteristics of a subject of corpus delicti of transport crimes in cases when he had a real opportunity to drive a training vehicle and (or) exercised direct control of it together with the student.

«Connection» in the criminal law: issues of understanding and application

The authors in the article touch upon the issue of a uniform understanding of the terminological apparatus, in particular, the sign of conjugation used in the construction of criminal law norms. On the basis of the analysis of the norms of the criminal law, groups of crimes are distinguished in which the legislator uses the investigated feature, depending on its functional purpose. The study pays special attention to the issues of understanding the conjugation in the construction of a single complex crime, where, with its help, the legislator discloses and emphasizes the connection between a socially dangerous act and a mandatory sign of the objective side of a crime. Based on the results of the analysis of law enforcement practice, as well as the doctrine of criminal law, the authors come to the conclusion that the term conjugate is synonymous with the phrase perfect with application. In this connection, it is proposed in the criminal law in the constructions of single complex crimes to replace the use by the legislator of the sign conjugation with the synonymous phrase committed with application.

Understanding of administrative prejudice in criminal law (legislation): main doctrinal approaches

A consistent increase in the number of criminal-law norms with administrative prejudice requires an adequate doctrinal understanding of this legal phenomenon. This circumstance becomes relevant due to the lack of a legal definition of an administrative prejudice. The author comes to the conclusion that there are four main conceptual approaches in understanding the administrative prejudice in criminal law (legislation): formal-legal, socio-legal, intersectional and criminological. The article notes that none of these concepts can be considered as dominant.

On the problems of application of customary law in the criminal prosecution of persons of small indigenous peoples of the north

The subject of the study is the problems of application of the norms of criminal law stipulating responsibility for environmental crimes against representatives of persons of small indigenous minorities of the North, the essence of which is the conflict between the positive law and the customary law of these peoples. The purpose of the study is to analyze the causes of this conflict, as well as to substantiate the necessity of applying the norms of customary law of indigenous peoples of the North in their criminal prosecution for environmental crimes. As a result of the study, the assumption is made that knowledge of the norms of customary law by law enforcement officials will allow to relieve social tension between the indigenous peoples of the North and the law enforcement agencies. That is why it is necessary to begin work on the formation of a code of customary law, as well as recommendations for its application, which could become a document to be used as a recommendation for law enforcement bodies in their decision-making.

Structural organization criminal law regulations of chapter 22 of the criminal code of the Russian Federation from the standpoint of legislative textology

The article attempts to identify and provide solutions to a number of problems related to the design features of the criminal law prescriptions of Chapter 22 of the criminal code of the Russian Federation. The methodological basis of this scientific publication is the dialectical method of cognition, taken in unity with instrumental research methods. As a result of the study, the author came to the conclusion that in the text of Chapter 22 of the criminal code of the Russian Federation, it is possible to distinguish structural units, which include the headings of articles, descriptive and thematic elements of criminal law regulations, their compositional and graphic features and notes to articles.

On the development of the theoretical criminal law research school of the institute of legislation and comparative law under the government of the russian federation

The aim of the study is to examine the results of the activities of scientists representing the theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation since its establishment in 1923 up to the present time. Particular attention is paid to the scientific activity of M. N. Gernet related to his research in the field of criminology and prison science and the results of the work of his followers. In the conclusion we present the periodization of the history of development of theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

Penalties for economic crimes in the criminal laws of the UK and the USA

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

Conflict between decision-making subjects that arises during the investigation of careless crimes committed by medical staff

The diversity of the interpretation of the cause-and-effect relationship by various subjects of law enforcement activity leads to the birth of an absolutely newthing in itself a new process. Then the causal relationship, being a derived category, acquires a new meaning and a new essence, which leads to its modification, contradictions in judicial practice and conflicts between decision-making subjects.