Mironchik A.S., Kachina N.V. —
On the issue of the concept of a single continuous violent sexual crime
// Law and Politics. – 2024. – ¹ 12.
– P. 1 - 15.
DOI: 10.7256/2454-0706.2024.12.72497
URL: https://en.e-notabene.ru/lpmag/article_72497.html
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Abstract: The subject of the research is the issue of identifying the key features of a single continuing violent sexual crime and its distinction from the aggregate of such crimes. The relevance of this issue is related to its controversial nature both in the doctrine of criminal law and in law enforcement. In this regard, such characteristics as identification of the act and of intent are considered, including in relation to violent sexual crimes. The attempt is made to resolve this problem taking into account the position of the Criminal Court of the Russian Federation as well as current trends in law enforcement practice. This issue is considered on the basis of a comparative-law and systemic analysis of the provisions of criminal law that establish criminal liability for sexual freedom crimes. During the analysis of the problem, the concept of a single continuing violent crime against sexual freedom has been developed, as well as criteria for distinguishing it from the similar crimes. The research has led to a reasonable conclusion that different sexual crimes should be grouped under one legal provision. This provision must include such qualifying key feature as committing such actions against two or more persons, regardless of their age. As a result of the conducted research, reasonable conclusions were made about the necessity of combining violent sexual crimes, currently provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, into one article of the Criminal Code of the Russian Federation and adding to it such a qualifying feature as the commission of these acts in relation to two or more victims, regardless of their age.
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
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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
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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.