Criminal and Administrative Responsibility for Violation of the Freedom of Conscience and Religion: Problem of Differentiation

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Дмитрий Шилин ◽  
Dmitriy Shilin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Best Practice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Freedom Of Conscience ◽  
Modern Development ◽  
The Russian Federation ◽  
The Right

The article analyzes objective and subjective characteristics of elements of the violation of the right to freedom of worship and religions. In particular, the author investigates disposition of public actions that express obvious disrespect for the society with the aim to insult religious feelings of believers. The author notes timeliness of legislative recognition of this law which is in line with modern development of public relations and foreign best practice. The author calls into question the relevancy of establishing goals as an obligatory element of corpus delicti. The author pays attention to the contentious nature of article 148 of the Criminal Code of the Russian Federation and article 5.26 of the Code of the Russian Federation on Administrative Offences and the absence of the due mechanism to overcome it in the criminal law science. Following the results of the research the author proposes changes to the criminal law to ensure the principle of inevitability of criminal liability and protection of the right to freedom of worship and religions guaranteed by the Constitution.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Criminal Misconduct: An Objective Need or a Declared Necessity?

2021 ◽  
Vol 16 (11) ◽  
pp. 142-154
Author(s):  
N. Yu. Skripchenko ◽  
S. V. Anoshchenkova
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Business Community ◽  
Substantive Content ◽  
The Supreme Court ◽  
The Russian Federation

The actively defended idea of the Supreme Court of the Russian Federation on the inclusion of an offencse  of criminal misconduct in the criminal legislation was reflected in the revised draft federal law submitted to the  Parliament on October 13, 2020. The purpose of the study is to determine the key changes in the content of the  institutions of criminal misconduct and other measures of a criminal law nature proposed for consolidation in the  Criminal Code of the Russian Federation, to assess the objective need of the reforms initiated by the Supreme  Court of the Russian Federation. The methodological basis is a set of methods of scientific knowledge. General  scientific (analysis and synthesis, dialectics) and specific scientific research methods (system structural, formal legal)  were used. A comparative analysis of draft laws allows us to classify the substantive content of acts constituting a  criminal misconduct as key changes and the modification of other measures of a criminal legal nature. The authors  critically assess the idea underlying the classification of acts as criminal misconduct. By laying in the criteria for  the isolation of acts that are minimal in terms of the degree of danger, not legally significant elements of corpus  delicti, but the types and amount of punishments, the lack of criminal experience, the interests of the business  community, the developers of the draft law violate the system of law, since the proposed approach excludes the  assessment of the public danger of the act based on the significance of the protected by the criminal the law of  public relations. The meaning of the differentiation of criminal liability declared by the initiator of the reforms is  lost with the proposed duplication of other measures applied both to persons who have committed a criminal  misconduct and to those guilty of committing crimes of small or medium gravity, and the proposed conditional  nature of other measures levels the idea of liberalizing the criminal law. The paper focuses on the provisions of  the project that require revision and additional comprehension.

PUNISHING AUTONOMOUS ROBOTS: CRIMINAL LAW PERSPECTIVES

2021 ◽  
Vol 17 (3) ◽  
pp. 303-313
Author(s):  
ILDAR BEGISHEV ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Autonomous Robots ◽  
Criminal Liability ◽  
Optimal Solution ◽  
Digital Technologies ◽  
Criminal Code ◽  
Potential Possibility ◽  
The Russian Federation

The purpose of the research. To develop and propose to the legislator a model of the criminal-legal reaction of the state to the potential possibility of harming public relations, values and interests protected by law in the process of functioning of autonomous robots. In this article, for the first time in the theory of domestic criminal law, an attempt is made to comprehensively state the problem of determining the boundaries of responsibility for causing harm to interests protected by criminal law in the process of functioning of autonomous robots, and the optimal solution to this problem is proposed. Results. The variability of the legal relationship between the behavior of a subject capable of being subject to criminal liability and the fact of causing harm in the course of functioning of an autonomous robot allowed us to develop a specific theoretical model for the application of criminal measures against autonomous robots for harm caused in the course of their functioning. Pursuing the goal of the most complete and comprehensive solution of the tasks of the Criminal Code of the Russian Federation, adapting existing criminal law norms to the trends of dynamically progressing digital technologies, we find it possible in the foreseeable future, when the technological singularity is reached and autonomous robots appear, to propose to the legislator to supplement the General Part of the Criminal Code of the Russian Federation with a new chapter «Criminal law measures applied to autonomous robots», which gives criminal legislation a new impetus in the light of the development of end-to-end digital technologies.

scholarly journals Criminal Liability for Violation of the Rules of Creation, Operation, Repair or Other Interaction with Robots and Autonomous Robots

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Ildar Begishev
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Autonomous Robots ◽  
Criminal Liability ◽  
Criminal Code ◽  
Computer Equipment ◽  
The Russian Federation ◽  
Key Drivers

Currently, robotics, along with other end-to-end technologies, is one of the key drivers of the digital economy. Robots are already successfully used in industry, agriculture, construction, aviation, and many other sectors of economic activity. Robots, due to their inherent properties, can not only store, process, and transmit information, but also perform certain mechanical actions, in accordance with the algorithms of their computer programs. The models of criminal law regulation that have been developed and are applied to the operators of computer equipment can not be fully adapted to the regulation of robots and are not fully relevant for the purposes of protecting public relations that develop in connection with their functioning. Robots, depending on their tactical and technical characteristics, can be a source of various threats, some of which create a danger of harming interests protected by criminal law and, under unfavorable circumstances, can realize this danger. Therefore, activities related to the development, operation and repair of robots must be consistent with the criminal law norms of a prohibitive nature. To ensure the safe and uninterrupted creation, operation, repair or other interaction with robots and autonomous robots, as well as to prevent harm in the course of the functioning of such robots, it is possible to propose to the legislator to supplement the Criminal Code of the Russian Federation with a separate norm on liability for violation of the rules of creation, operation, repair or other interaction with such robots.

scholarly journals Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

scholarly journals CRIMINAL RESPONSIBILITY FOR GIVING FALSE EXPERT CONCLUSIONS IN THE FIELD OF PURCHASING GOODS, WORKS, SERVICES

2020 ◽  
Vol 30 (1) ◽  
pp. 84-90
Author(s):  
V.E. Zvarygin ◽  
D.S. Nazarova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Public Procurement ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Criminal Code ◽  
The Russian Federation ◽  
Illegal Activities

Illegal activities in the field of procurement of goods, works and services pose a threat not only to economic, but also to national security. The solution to this situation is possible only with an integrated approach, consisting not only in improving the efficiency of the regulatory authorities, but also in optimizing the current legislation. Article 107 of the Federal Law dated 05.04.2013 “On the contract system in the field of procurement of goods, work, services for the provision of state and municipal needs” provides the criminal liability of persons guilty of violating the laws of the Russian Federation and other regulatory legal acts on contract system in the field of procurement. However, until recently, the onset of criminal liability remained only “on paper”. The turning point in the criminal law regulation of relations in the field of public procurement was the year 2018, when federal laws were adopted that introduced amendments to the Criminal Code of the Russian Federation by criminalizing illegal acts in this sphere of public relations. One of the controversial articles by the structure of the criminal law elements is Article 200.6 of the Criminal Code of the Russian Federation, which established criminal liability for giving a knowingly false expert opinion in the field of procurement of goods, works and services.

Legal aspects of ensuring individual freedom in the religion sphere

2020 ◽  
pp. 46-58
Author(s):  
Anna Meshcheryakova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Criminal Code ◽  
Individual Freedom ◽  
Social Significance ◽  
Freedom Of Conscience ◽  
The Russian Federation ◽  
The Right ◽  
Legal Technology

We conduct research on a current problem that is relevant to legal science and practice – ensuring individual freedom in the context of increased interest in religion and the formation of a legal state in Russia. The latter term is considered in connection with such a legal phenomenon as the secular state. We denote the personal rights and freedoms of man and citizen in the religious sphere. We analyze and criticize the current state of freedom of conscience, the right to religious security, and the right of people studying in state and municipal educational institutions and organizations to receive knowledge about religion. It is shown that one of the exercise limits of conscience freedom is its moral criterion. The existing negative decline trends in the level of morality, culture, including legal culture, adversely affect the construction of Russian statehood. It is suggested that in such conditions the inclusion of a course on the foundations of the spiritual and moral culture of the peoples of the Russian Federation in the educational programs of schools and universities is justified. We focus on the requirements for voluntariness and alternative study of the named course. We propose to give them an equal character in terms of legal technology. The connection of freedom of conscience with the right to religious security is shown. In this context, the issue of establishing criminal liability for insulting the religious feelings of believing citizens is analyzed. We point out that with all the doubtful language used by the legislator to set for the disposition of the corresponding article of the Criminal Code of the Russian Federation, the enormous social significance of the amendments cannot be denied.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

Sign in / Sign up

Export Citation Format

Share Document