scholarly journals CRIMINAL LIABILITY AS PROVIDED FOR UNDER THE LAWS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF VIETNAM: AGE LIMITATIONS

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
. Чан Тхи Ту Ань ◽  
. Chan Tkhi Tu An
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Age Groups ◽  
Legal Responsibility ◽  
Challenging Problem ◽  
Socialist Republic ◽  
Minimum Age ◽  
The Russian Federation ◽  
The Republic

Criminal responsibility is one of the types of legal responsibility. State agencies apply it to persons for the commission of a crime. Imposing of criminal penalties on a juvenile who has committed a socially — dangerous act is a challenging problem in criminal legislations in all countries. Age is one of a criminal’s mandatory basic characteristics that influences the differentiation of criminal responsibility for persons, who committed crime. The issue of determining the minimum and general age threshold for juveniles’ criminal responsibility is recognized to be a challenging problem. The article analyzes the importance of the age of criminals and the age of juveniles who commit crimes, for differentiation of their criminal responsibility, regulated by the Criminal Codes of the Russian Federation and the Socialist Republic of Vietnam. The author analyzes the problem of age determining when a person becomes criminally liable. The author provides recommendations on making alterations and amendments, related to determination of age limits for criminals, into the criminal legislations of Russia and Vietnam. The purpose of this article is the analysis of the age for criminal responsibility and the age of juveniles, the problem of lowering the minimum age of a criminal, and also the issue of dividing juveniles into several age groups. On the basis of the analysis, the author proposes improvements to the provision about the age of criminal responsibility in general, and the age of juveniles in particular.

Signs characterizing the person occupying the highest position in criminal hierarchy

2020 ◽  
pp. 75-80
Author(s):  
Александр Викторович Сенатов
Keyword(s):  
Russian Federation ◽  
Organized Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation

В связи с изменениями, внесенными Федеральным законом Российской Федерации от 01.04.2019 № 46-ФЗ «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в части противодействия организованной преступности» в уголовном законодательстве появилась ст. 210, предусматривающая уголовную ответственность за занятие высшего положения в преступной иерархии. Данное преступление имеет специальный субъект, обладающий дополнительными признаками, которые должны быть закреплены в законе. Однако в уголовном законодательстве, а также постановлениях Пленума Верховного суда Российской Федерации отсутствует определение данного понятия, а также признаки, в соответствии с которыми необходимо привлечь лицо к уголовной ответственности. В статье проанализированы научные определения «преступная иерархия», «иерархическая лестница уголовно-преступной среды», лицо, занимающее высшее положение в преступной иерархии, а также выделены конкретные признаки, характеризующие специальный субъект, закрепленный ст. 210 УК РФ. Рассматривается опыт борьбы с организованной преступностью в Республике Грузия, а также материалы следственной практики в отношении лица, привлекаемого к уголовной ответственности по признакам состава преступления, предусмотренного ст. 210 УК РФ. Due to the changes made by the Federal law of the Russian Federation of 01.04.2009 No. 46-FZ “On modification of the criminal code of the Russian Federation and the Criminal procedure code of the Russian Federation regarding counteraction of organized crime” to the criminal legislation there was Art. 210 providing criminal liability for occupation of the highest position in criminal hierarchy. This crime has a special subject with additional features that must be enshrined in the law. However, in the criminal legislation, as well as the decisions of the Plenum of the Supreme court of the Russian Federation, there is no definition of this concept, as well as signs according to which it is necessary to bring a person to criminal responsibility. The article analyzes the scientific definitions of “criminal hierarchy”, “hierarchical ladder of criminal environment”, the person occupying the highest position in the criminal hierarchy, as well as the specific features, fixed Art. 210 of the Criminal Code. The article also discusses the experience of combating organized crime in the Republic of Georgia, as well as materials of investigative practice in relation to a person brought to criminal responsibility on the grounds of a crime under Art. 210 of the Criminal Code.

scholarly journals Criminal liability of juveniles in the Republic of Kazakhstan

2020 ◽  
Vol 2 (1) ◽  
pp. 12-26
Author(s):  
Aleksey Chistyakov ◽  
Saule Naurzalieva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Understanding ◽  
Theoretical Significance ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

The article reflects the study of juvenile delinquency in the Republic of Kazakhstan and their criminal responsibility. The scientific novelty of the research is that it was conducted on the basis of the new criminal legislation of the Republic of Kazakhstan in 2014. Therefore, the complex of issues, that were previously the subject of various studies in the light of modern realities and trends of criminal law policy of the Republic of Kazakhstan, has received a new interpretation and argumentation from the perspective of the latest opportunities for study. First, the new legislative structure for determining the basis of criminal liability (Article 4 of the Criminal code of the Republic of Kazakhstan) required a reinterpretation of the content of circumstances that lead to emergence of criminal liability among juveniles. Secondly, the legally updated content of grounds for criminal liability of juveniles in the Republic of Kazakhstan has led to an update of the quality of criminal law relations that arise between juvenile offenders and state bodies, which also need a new scientific reinterpretation. Third, the new legal concept of the basis of criminal liability presupposes the existence of a new, in relation to the previous, content of the basis for the implementation of criminal liability of juveniles. Finally, the new criminal legislation of the Republic of Kazakhstan, along with the previously existing one, has introduced new forms and types of implementation of criminal liability of juveniles, which need an updated scientific and legal analysis. Its results and conclusions, obtained personally by the author, can be regarded as having scientific novelty for the above reasons. In addition, on the basis of the theory and practice research of criminal responsibility among juveniles in the Republic of Kazakhstan, the paper formulated proposals for improving the criminal legislation of not only the Republic of Kazakhstan, but also the Russian Federation, which also have a novelty. The theoretical significance of the research is to increase and systematize knowledge about the criminal liability of juveniles due to the presence of a new basis of criminal responsibility that has not been previously developed by the Russian criminal law science. The results of scientific understanding of new forms and types of implementation of criminal liability of juveniles, introduced by the Criminal code of the Republic of Kazakhstan in 2014, such as the obligation to apologize to the victim and the establishment of probation control, have theoretical significance. The conclusions, suggestions and recommendations contained in this work enrich the scientific understanding of the features of criminal liability of juveniles in the Republic of Kazakhstan. The practical significance of the work is that the provisions and recommendations contained in it can be used both in the Republic of Kazakhstan and in the Russian Federation: in the process of standard-setting activities in improving the norms of Chapter 6 of the Criminal code of the Republic of Kazakhstan and the norms of Section V of Chapter 14 of the Criminal code of the Russian Federation; in the work of specialized inter-district courts for juveniles, considering cases against juveniles and assigning criminal penalties to them; by authorities and administration in the development of preventive measures.

scholarly journals Problems of the Criminal Prosecution of Persons Who Committed Actions Constitution Implication in a Crime

2021 ◽  
Vol 15 (3) ◽  
pp. 352-360
Author(s):  
Larisa Gotchina ◽  
Marina Dvorzhitskaya
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
The Supreme Court ◽  
Judicial Investigation ◽  
Minimum Age ◽  
The Russian Federation

The paper discusses highly latent actions constituting implication in a crime. The goal of this study is to identify the problems of criminally prosecuting persons who committed actions constituting implication in a crime, to qualify them and to develop recommendations for their elimination. Formal legal and comparative legal methods were used to obtain and process results relevant for the research, the statistical method was used to collect and analyze data on the examined crimes, and the sociolo­gical one — to conduct a survey of experts. An analysis of criminal cases made it possible to state that the problem of criminally prosecuting persons who committed actions constituting implication in a crime is connected with the problems of their qualification, and with widening the institute of implication through failure to report a crime; this action is included in the Criminal Code of the Russian Federation in connection with the topical issues of terrorism threat, a growing number of terrorist crimes and the necessity to protect the society from them. The authors believe that it is reasonable to recognize 16 years old as the minimum age of criminal responsibility for failure to report a crime. It is proven that the criminal character of implication in a crime could be based not only on the guilty verdict for the main case, but also on other procedural acts. It is concluded that implication in a socially dangerous act is possible for a person who does not possess the attribute of a subject of a crime due to his/her mental incompetence, and is also possible for a crime committed in complicity. It is stated that concealment of a crime is constituted by actions to conceal the event of the main crime, its traces, the objects obtained through criminal means, or the person who committed the main crime. It can be committed not only through physical, but also through intellectual actions. The authors suggest differentiating between criminal liability for the concealment of grave and especially grave crimes. The analysis of judicial investigation practice made it possible to identify typical models of qualifying actions constituting implication in a crime, as well as psychological, moral, criminological and criminal law features of a person who conceals a crime or fails to report it. Based on the authors’ position, a formulation of the decree of the Plenary Session of the Supreme Court of the Russian Federation «On some issues of implication in a crime» is suggested.

scholarly journals CRIMINAL RESPONSIBILITY OF MEDICAL WORKERS FOR ISPENSING NARCOTIC DRUGS TO REDUCE THE SUFFERING OF PATIENTS

2019 ◽  
Vol 7 (6) ◽  
pp. 657-661
Author(s):  
Maria V. Talan ◽  
Oleg N. Dunin
Keyword(s):  
Russian Federation ◽  
Severe Pain ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Pain Syndrome ◽  
Federal Law ◽  
Effective Measure ◽  
Timely Access ◽  
The Russian Federation ◽  
Narcotic Drugs

Purposes: This article is devoted to the analysis of the problem that has been developed in the Russian Federation with the access of patients with severe pain to narcotic painkillers. Methodology: The legislation of the Russian Federation recognizes that patients have an unconditional right to pain relief, which is reflected in the Federal Law No. 323 dated November 21, 2011 “On the Basics of Protecting the Health of Citizens in the Russian Federation”. However, the procedural rules governing the receipt of narcotic painkillers by patients establish strict bureaucratic rules that impede the timely access of patients to the only effective narcotic drugs in their case.   Results: Deviation from these procedural rules threatens medical and pharmaceutical workers with criminal liability for illegal drug trafficking. As a result, Russian patients do not receive painkillers on a significant scale. The quality of life in the patient, who is forced to endure severe pain, is significantly reduced, which often leads to suicide. Various legislative solutions to this problem are proposed. Implications/Applications: Liberalization of the rules for dispensing narcotic painkillers are effective in the long term, but it has several problems. Slight liberalization is not able to fundamentally improve the situation of patients with severe pain. Novelty/Originality: Significant liberalization can create a negative narcotic situation due to market saturation with legal narcotic drugs. In the short term, an effective measure will be the exclusion of the criminal liability of medical and pharmaceutical workers for the prescription and dispensing narcotic painkillers to patients with severe pain syndrome in violation of the existing procedural rules, but for medical reasons.

scholarly journals Some issues of criminal liability of citizens of the Russian Federation for participation in illegal armed formations on the territory of a foreign state

2021 ◽  
Vol 1 ◽  
pp. 18-20
Author(s):  
Bagautdinov F.N. ◽  
◽  
Sharifullin R.A. ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Foreign State ◽  
The Russian Federation

The article deals with some issues of bringing citizens of the Russian Federation to criminal responsibility for participation in illegal armed formations on the territory of a foreign state (part 2 of article 208 of the Criminal code of the Russian Federation).

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

Influence of the ideas of Ivan Yakovlevich Foynitsky on the formation of criminal responsibility for kidnapping in modern Russia

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 230-234
Author(s):  
Natalia Martynenko ◽  
Anatoly Maydykov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Modern Concept ◽  
Russian Scientist ◽  
Special Part ◽  
The Russian Federation

The article analyzes the ideas of the Russian scientist in the field of criminal law Ivan Yakovlevich Foinitsky (1847-1913) on the establishment of criminal liability for kidnapping. The influence of I.Y. Foinitsky's ideas on the modern concept of criminal law protection of a person from abduction is shown. It is concluded that the norm on responsibility for the abduction of a person existing in the Criminal Code of the Russian Federation, its location in the structure of the norms of the Special Part, in many respects includes the provisions laid down by I.Y Foinitsky.

ISSUES OF THE EFFECTIVE FOREST MANAGEMENT AND HUSBANDRY IN THE REPUBLIC OF TATARSTAN

2016 ◽  
Vol 11 (2) ◽  
pp. 100-104
Author(s):  
Бурганов ◽  
Farit Burganov ◽  
Минниханов ◽  
Azat Minnikhanov ◽  
Файзрахманов ◽  
...  
Keyword(s):  
Forest Management ◽  
Russian Federation ◽  
Tree Species ◽  
Dominant Species ◽  
Forest Policy ◽  
Age Groups ◽  
Forest Stands ◽  
Forest Owners ◽  
The Russian Federation ◽  
The Republic

Nowadays, the forest policy in the field of forest management and husbandry in the Russian Federation is aimed at the possibility of wood realization, produced by different forest owners. The solution of this sharp problem in the Republic of Tatarstan is more associated with the launch of the plant in Elabuga for the production of resin-bonded chipboard, which served as a stimulus for action by the Ministry of Forestry, and it became necessary to make optimal computational wood-cutting area and placement volumes of storage for forest districts of Tatarstan. The article discusses: the structure of forest stands by groups of tree species and age groups of the Republic of Tatarstan as of 01.01.2016; the distribution of forest by age class; the allocation of forest areas of the the Republic of Tatarstan by dominant species in the period from 1940 to 2016.

Exemption from Criminal Responsibility by Virtue of Reconciliation with Injured Party in Case of Neonaticide Committed by a Mother

10.12737/7632 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Денис Гарбатович ◽  
Denis Garbatovich
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Child Victims ◽  
Judicial Practice ◽  
The Face ◽  
Newborn Child ◽  
The Russian Federation ◽  
First Time

The article deals with the grounds on which a person may be relieved of criminal responsibility in connection with reconciliation with the victim. In accordance with Article 76 of the Criminal Code of the Russian Federation that is based on the simultaneous implementation of the following conditions: 1) for the first time a crime of small or average gravity; 2) reconciliation with the victim; 3) compensation of harm caused to the victim. The face in the presence of the above conditions are not necessarily subject to unconditional exemption from criminal liability, this right depends on the discretion of a law enforcement official. Through an analysis of the norms of criminal law, judicial practice addresses the question whether it is permissible to exempt from criminal responsibility in connection with reconciliation with the victim´s mother, who killed her newborn child. Victims can be considered the closest relatives of the murdered child (father, grandparents)who are also relatives and friends in relation to the mother-killer. Victims may initially not interested in bringing her to justice and appropriate compensation to victims can be represented as some Convention and formality. Mother release from criminal responsibility for the murder of a newborn child in such circumstances, does not comply with the principle of justice, and not adequately solves the problem of the criminal code of the Russian Federation for the protection of the rights and freedoms against crime. Therefore, in the presented work provides General guidance on when such exemption from criminal liability is possible, and when it is not desirable.

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