Mironchik A.S., Susloparov A.V. —
Electronic Theft as a Kind of Computer Crime: Problems that Arise During Differentiation and Qualification of This Kind of Crime
// Legal Studies. – 2019. – ¹ 9.
– P. 17 - 30.
DOI: 10.25136/2409-7136.2019.9.30745
URL: https://en.e-notabene.ru/lr/article_30745.html
Read the article
Abstract: The article is devoted to the legal provisions that set forth liability for theft committed with the use of electronic means of payment. Considering problems that arise in the process of differentiation of such crime under Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation, the authors pay special attention to the analysis of features of this crime as a kind of computer crime. The authors focus on criminalization of theft of non-cash or electronic money using cards as it is presented by the foreign legislation (in particular, criminal law of Germany). The researchers have applied such methods as dialetical materialistic, formal law, comparative law, structured systems, criminological and linguistic analysis as well as general research methods (analysis, synthesis, induction and deduction). At the end of the research the author concludes that crimes described by Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation should be recognized as computer crimes. Based on the analysis, the researchers give recommendations on how to classify theft of electronic or non-cash money committed with the use of electronic means of payment.
Mironchik A.S., Kachina N.V. —
Social Danger of Environmental Crime in the Need of the Review of the Punitive Policy
// Legal Studies. – 2018. – ¹ 8.
– P. 38 - 47.
DOI: 10.25136/2409-7136.2018.8.26777
URL: https://en.e-notabene.ru/lr/article_26777.html
Read the article
Abstract: In this article the authors present statistical data about the number of registered environmental crimes in the Russian Federation including in the Siberian Federal Okrug and Krasnoyarsky Krai and prove that environmental crime is quite a common phenomenon. The authors reveal issues of the harmful influence of this type of crime on the integrity of the ecosystem as well as other spheres of human activity. The authors carry out a detailed analysis of the nature and degree of the social danger that may be caused by this type of crime, for example, illegal logging. They analyze a set of planned legislative measures aimed at enforcing the criminal liability for envirommental crime. In the course of their research the authors have used such methods as the dialectical materialistic research method, and special research methods such as formal law, comparative law, structured system, criminological and linguistic analysis. They offer their own legislative measures that would raise criminal liablity for environmental crime. The authors underline that their measures will raise efficiency of the counteraction of enviromental crime and conclude that criminal sanctions for environmental crimes should be efficient, coherent and play a deterrent role. They should also correspond to the nature and degree of the social danger that may be caused by environmental crimes.