scholarly journals Criminally-Legal Ways of Maintenance of Safety of Citizens in the Sphere of Housing and Communal Services

2018 ◽  
Vol 5 (1) ◽  
pp. 131-135
Author(s):  
R M Kravchenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Housing Conditions ◽  
Capital Repair ◽  
Final Time ◽  
Enforcement Official ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Statistical Indicators

The article considers the issues of security of citizens in the implementation of capital repair of premises by the application of a crime under article 216 of the Criminal Code of the RF. The relevance of this topic is ref lected in the statistics of the state of housing conditions in the Russian Federation, as well as the potential danger of works on capital repair of premises. This fact is indirectly ref lected in the clarifications of the Plenum of the Supreme Court of the RF concerning the issues of qualification of crimes under article 216 of the Criminal Code. However, a law enforcement official is often faced with serious difficulties in the legal assessment of the facts of the injury as a result of unsafe work in the sphere of housing and communal services. This fact also expresses the relevance of the study of issues of qualification unsafe in the conduct of capital repair of premises.The article analyzes the statistical indicators of housing conditions in the Russian Federation, as well as volume of works on capital repair of premises. Also, the paper examines the provisions of the housing and civil legislation governing the execution of works in the field of housing legislation. Based on the results of the analysis of the findings, relevant to the application of the criminal law in this field.In the study discussed the issues of indicators of public danger of the unsafe performance of works in the sphere of housing and communal services and their impact on the qualification of socially dangerous acts in this sphere. The author makes conclusions about the final time of the acts associated with the violation of safety rules during performance of works on capital repairs of residential premises.

scholarly journals The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

2019 ◽  
Vol 13 (2) ◽  
pp. 291-299
Author(s):  
Yekaterina Yakimova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Negative Results ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Law ◽  
Entrepreneurial Activities

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals Deprivation of the right to hold certain positions or engage in certain activities: regulatory issues and law enforcement practice

2021 ◽  
Vol 234 (11) ◽  
pp. 16-24
Author(s):  
SERGEY A. PICHUGIN ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Domestic Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to various aspects of the regulation and execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The subject of the article is the norms of the current domestic legislation, data from official statistics of the Judicial Department at the Supreme Court of the Russian Federation and the Federal Penitentiary Service of Russia, as well as law enforcement practice on the topic under consideration. The purpose of the article is to analyze the normative regulation and practice of applying punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The methodological basis of the research is represented by a set of general and specific scientific methods. The work used methods such as analysis, synthesis, formal legal, statistical. As a result of the study, proposals were formulated to amend the current legislation in terms of improving preventive work with persons sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. Conclusions are made about the essence, features of legal regulation and law enforcement practice of the considered type of punishment in modern conditions, about the need to increase the effectiveness of preventive activities in relation to persons sentenced to punishment in the form of deprivation of the right to engage in activities related to driving a vehicle. Key words: deprivation of the right to hold certain positions or engage in certain activities, punishment, penal inspectorates, the Criminal Code of the Russian Federation, convict, deprivation of the right to engage in activities related to driving.

scholarly journals Court’s modification of category of gravity of the committed offence and implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation: problems of theory, legislative regulation, and law enforcement

2021 ◽  
pp. 59-84
Author(s):  
Kirill Igorevich Nagornov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Closed Type ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Scientific Doctrine

Leaning on the analysis of the provisions of current legislation, clarification of the supreme judicial authority, scientific doctrine, case law materials and statistics, this article explores the implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation, after court’s modification of the category of gravity of the committed offence in accordance with the Part 6 of the Article 15 of the Criminal Code of the Russian Federation. The goal of this research lies in assessment from the perspective of the theory of criminal law of such specific procedure for implementation of disciplinary compulsory measures and herding to closed-type special institution, as well as identification of possible flaws and contradictions that may cause problems and ambiguous decisions in law enforcement practice. Attention is given to the existing contradictions between the provisions of criminal law and criminal procedure law, explanations of the Plenum of the Supreme Court of the Russian Federation, as well as legislative gaps and problems emerging in law enforcement practice in the context of provision set by the Article 92 of the Criminal Code of the Russian Federation in accordance with the Part 6 of Article 15 of the Criminal Code of the Russian Federation. Taking into account the sequence, grounds and conditions established by the legislator in the Part 6 of the Article 15 of the Criminal Code of the Russian Federation for the use of the latter, the conclusion is made on impossibility to apply compulsory educational measures in line with this norm. The article also substantiates the position infeasibility of preliminary imposition of penalty (de lege ferenda) on release of such with implementation of compulsory measures set by Part 1 and 2 of the Article 92 of the Criminal Code of the Russian Federation. The author also offers to supplement and rectify certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of May 15, 2018.

scholarly journals Features of Mental Elements of Bribery Facilitation

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Factors ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation

The article provides a description of relevant features of the mental elements of the crime regulated by Article 291.1 of the Criminal Code of the Russian Federation. The paper also examines the general actor of the specific corruption act by applying a criminological approach and analyzing the empirical base for this category of criminal encroachment. The author researches the "physical" and "intellectual" bribery facilitation ways defined in the literature. Detailed attention is paid to optional features of the mental elements of mediation in bribery, such as: "motive" and "purpose" of the crime. The author proposes his definition of the mental elements of mediation in bribery, and provides the list of the social factors that influence the commission of a crime under Articles 291.1 of the Criminal Code of the Russian Federation having studied law enforcement practice and interviewed representatives of the general population of the Russian Federation. The results of this study can be used for further improvement of the criminal legislation of the Russian Federation, in terms of amendments and additions to the qualifying factors of bribery facilitation and the introduction of appropriate explanations in the current resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 of 09 July 2013 "On judicial practice in cases of bribery and other corruption-related crimes".

Illegal entry into a home as a means of differentiating punishment for theft of narcotic drugs

2020 ◽  
pp. 25-29
Author(s):  
Ольга Александровна Беларева
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Assessment ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Narcotic Drugs

В статье рассматриваются вопросы квалификации и связанной с ней наказуемости хищения наркотических средств, совершенного с незаконным проникновением в жилище. В научной литературе и разъяснениях Пленума Верховного суда РФ отсутствуют рекомендации по вопросам юридической оценки таких хищений. Это можно объяснить небольшим количеством таких преступлений. Однако они встречаются, и практику квалификации хищений наркотических средств только по ст. 229 УК РФ без совокупности со ст. 139 УК РФ нельзя признать правильной. Автор выделил две группы хищений наркотических средств, совершенных с незаконным проникновением в жилище, на конкретных примерах рассмотрел встречающиеся в приговорах варианты квалификации. В статье указывается, что на законодательном и правоприменительном уровнях отсутствует уголовно-правовая охрана неприкосновенности жилища в случаях хищения наркотических средств с незаконным проникновением в него. Предложение о дополнении ст. 229 УК РФ квалифицирующим признаком «с незаконным проникновением в жилище» автор расценивает как криминологически необоснованное. Наиболее оптимальным способом отражения повышенной общественной опасности рассматриваемого хищения является квалификация по совокупности преступлений, предусмотренных ст. 229 и ст. 139 УК РФ. The article deals with the issues of qualification and related punishability of theft of narcotic drugs committed with illegal entry into the home. In the scientific literature and explanations of the Plenum of the Supreme Court of the Russian Federation, there are no recommendations on the legal assessment of such embezzlement. This can be explained by a small number of such crimes. However, they meet and practice the skill of theft of drugs only by Art. 229 of the Criminal Code without conjunction with Art. 139 of the Criminal Code cannot be considered correct. The author identified two groups of theft of narcotic drugs committed with illegal entry into the home, and considered specific examples of the types of qualification found in the sentences. The article states that at the legislative and law enforcement levels, there is no criminal legal protection of the inviolability of the home in cases of theft of narcotic drugs with illegal entry into it. The author regards the proposal to add Art. 229 of the Criminal Code of the Russian Federation as a qualifying feature “with illegal entry into a dwelling” as criminologically unfounded. The most optimal way to reflect the increased public danger of the theft in question is to qualify for a set of crimes under Art. 229 and Art. 139 of the Criminal Code of the Russian Federation.

scholarly journals Delimitation of frauds in the sphere of crediting (Article 1591 of the Criminal Code of the Russian Federation) from illegal credit receiving (Article 176 of the Criminal Code of the Russian Federation)

2019 ◽  
Vol 2019 (2) ◽  
pp. 124-130
Author(s):  
Екатерина Алёшина-Алексеева ◽  
Ekaterina Aleshina-Alexeeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Crime ◽  
Legal Analysis ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Enforcement Activity

The main criteria of differentiation of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation are considered in the article. The scientific and theoretical relevance of the subject is covered in the literature. In the present article the author delimited, in her opinion, illegal credit receiving from fraud in the sphere of crediting. The research objective is to formulate specific proposals concerning the solution of the problems of qualification of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation connected with their differentiation. The research methods used are: the analysis of theoretical literature and judicial and investigative practice, the comparative and legal analysis (features of the criminal liability regulation according to Article 159.1 of the Criminal Code of the Russian Federation and 176 of the Criminal Code of the Russian Federation), monitoring of the printed and electronic media material. The author focuses attention that fraud in the sphere of crediting cannot be considered as an economic crime in the sphere of crediting based on the revealed signs. Elimination of the qualification problems is suggested by means of adopting the resolution of the Plenum of the Supreme Court of the Russian Federation which will contain the main explanations on the studied criminal actions. The practical value of the work consists in the possibility of its use in a law-enforcement activity in qualification of the crimes provided by Articles 159.1 and 176 of the Criminal Code of the Russian Federation and besides, while teaching of the Criminal Law.

scholarly journals PECULIARITIES OF QUALIFICATION OF HOOLIGANISM AND OTHER CRIMES MOTIVATED BY HOOLIGANISM

2020 ◽  
Vol 12 ◽  
pp. 39-42
Author(s):  
Aleksandr V. Maksimenko ◽  
◽  
Irina A. Mikhaylova ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Downward Trend ◽  
The Supreme Court ◽  
The Russian Federation

The article notes that hooliganism is fairly common criminal attacks committed in the Russian Federation, but over the last few years there has been a steady downward trend in the number of reported crimes under article 213 of the Criminal Code. At the same time, law enforcement officers have a lot of questions when qualifying hooliganism and distinguishing it from other crimes committed from hooligan motives. These circumstances are primarily due to the presence of evaluation features in the disposition of part 1 of article 213 of the Criminal Code of the Russian Federation. Substantiates the position of authors about differences in the content of the notions “a motive hooligan” and “hooliganism” and, in this regard, the incorrectness of some clarifications of the Plenum of the Supreme Court on qualification of crimes committed out of hooliganism.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

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