Reference:
Khasan Kh...
Ugolovnyi kodeks Respubliki Irak: kharakteristika Obshchei chasti
// Actual problems of Russian law.
2014. № 6.
P. 1185-1188.
DOI: 10.7256/1994-1471.2014.6.65093 URL: https://en.nbpublish.com/library_read_article.php?id=65093
Keywords:
Ugolovnyi kodeks Iraka, opredelenie prestupleniya, klassifikatsiya prestuplenii, kategorii prestuplenii, vidy nakazanii, mery preduprezhdeniya, sub'ekt prestupleniya, Kurdistan
Reference:
Zatsepin, A.M..
Changes in the criminal law and qualification
of crimes
// Actual problems of Russian law.
2014. № 5.
P. 849-855.
DOI: 10.7256/1994-1471.2014.5.64890 URL: https://en.nbpublish.com/library_read_article.php?id=64890
Abstract:
The author analyzed the qualification of crime when the criminal law has changed. The general qualification
rule is that the criminality and punishability of an act is defined by the law which was in force at the
time when the crime was committed. An exception from the general rule is the rule on retroactivity of criminal
law. Qualification of crimes takes place just in some cases when the criminal law changes according to the
Art. 10 of the Criminal Code of the Russian Federation. When the criminality of act is abolished or established,
it is undoubtedly applicable, since in one case there shall be elements of a crime in an act, while in another
case there shall be no elements of crime in an act, requiring a decision on what shall be the final qualification
of a crime. The author analyzes the qualification of crimes when the law abolishing the criminality of an act,
or mitigating the responsibility for an act comes into force, or when a law establishes criminality of an act or
aggravates the punishment. The conclusion is made that some types of qualification of crimes in the situation
when the criminal law changes, which are not regulated by law. The author provides a qualification of crimes
when the punishment is partially mitigated and partially aggravated, and the cases of application of the socalled
intermediary law in some cases. When the additional qualification of a crime is objectively incorrect,
making the decision that the elements of crime are present (are not present) within the certain crime, while
they are present or not depends on the changes in the criminal law.
Keywords:
disposition of criminal law, sanction of criminal law, criminal law, changes in the criminal law, criminality of an act, the Criminal Code, the mitigating law, the aggravating law, qualification, responsibility.
Reference:
Mkrtychyan, S.A..
System of punishments in the Criminal Code
of the RSFSR of 1922, 1926 and 1960
// Actual problems of Russian law.
2014. № 5.
P. 856-860.
DOI: 10.7256/1994-1471.2014.5.64891 URL: https://en.nbpublish.com/library_read_article.php?id=64891
Abstract:
The article is devoted to the problem of formation of the system of punishments in the first Soviet
Criminal Codes (CC) The CC of RSFR of 1922 provided for a “ladder” of punishments on one hand, and the list
of social protection measures on the other hand. However, the social protection measures were applied to the
persons connected with the criminal environment, as well as to those who have committed crimes. In the CC
of RSFR of 1926 the term punishment was abolished and the term “measures of social protection” was used instead.
The said documents did not provide for the system of punishment, since the social protection measures
were based upon the theory of dangerous condition of a person, and they applied to those who have committed
crimes, as well as to those who were dangerous due to their connections with the criminal environment or
due to their former activities. The CC of RSFR of 1960 introduced the following changes: a) it returned from the
social protection measures to the definition of punishment; b) it did not include a number of political measures
of punishment; c) it provided for the more detailed regulation of specific types of punishment, narrowing the
scope of judicial discretion when assigning a punishment; d) it used other order for placing punishments – from
the less severe to the more severe.
Keywords:
formation of the system of punishments, the Criminal Code of the Russian Federation, elements of the system of punishments, social protection measures, types of punishments, system of punishments, problems of formation, legal protection, elements, Fundamentals of Criminal Legislation.
Reference:
Osadchaya, A.S..
On the issue of functions of the component
elements of a crime
// Actual problems of Russian law.
2014. № 5.
P. 861-866.
DOI: 10.7256/1994-1471.2014.5.64892 URL: https://en.nbpublish.com/library_read_article.php?id=64892
Abstract:
The article is devoted to the analysis of the functions within the component elements of crime. Within
the general theory of law when the legal function was analyzed the attention of the scientists was usually centered upon its role within the system of social relations. The functions reflect the most significant, most
important legal features, characterizing law in motion, reflecting its dynamic nature. Therefore, the functions
of law are the main directions of legal influence, reflecting the role of law in bringing order into social relations.
The definition of functions of constituent elements of a crime was for the first time used by Y.M. Brainin,
who has noted that the constituent elements of crime as a criminal law institute performed two functions.
M.I. Bazhanov considered that the functions of the constituent elements include fundamental, guaranteeing,
distinguishing, procedural, dogmatic, qualificational, descriptive, restrictive, axiological, dogmatic and praxeological
functions. The author considers that the classification provided by M.I. Bazhanov is quite acceptable
with some clarifications offered by the author.
Keywords:
functions, functions of law, functions of the constituent elements of crime, elements of crime, classification, functions of legal categories, qualification, criminal responsibility, bases for criminal responsibility, crime.
Reference:
Bimbinov, A.A..
Violent sex crimes in the CIS states
// Actual problems of Russian law.
2014. № 5.
P. 867-873.
DOI: 10.7256/1994-1471.2014.5.64893 URL: https://en.nbpublish.com/library_read_article.php?id=64893
Abstract:
The article includes analysis of the norms providing for the criminal responsibility for the violent sex
crimes in the CIS states. The author views component elements of the crime of “Sodomy” in the legislation of
Uzbekistan and Turkmenistan, providing the fundamentals for decriminalizing the voluntary sodomy of grownup
persons. Then the article provides results of comparative legal studies of the norms of criminal legislation
of the CIS states on responsibility for non-violent crimes against the sexual integrity of the juveniles. Based
upon uniting the most successful provisions of the Criminal Codes of the CIS states, the author provides his
own version of the unlawful sexual intercourse and other sexual activities with a person under 16 years of
age. The analysis of the component elements of crime of “sexual abuse” showed the dependency between its
objective elements and the objective elements of the crime of “Sexual intercourse or other sexual activities
with a person under 16 years of age and (or) prior to sexual maturity”. The author provides detailed evaluation
of age criteria for the victims and subjects of non-violent sex crimes, noting significant shortcomings and the
ways to overcome them.
Keywords:
non-violent sex crimes, the CIS, sodomy, sexual integrity, sexual intercourse, sexual activities, sexual abuse, sexual maturity, Lesbian, juveniles.
Reference:
Simonov, A.G..
Criminal law characteristics of the subject
of destruction or causing harm to the forest
and other planted vegetation
// Actual problems of Russian law.
2014. № 5.
P. 874-879.
DOI: 10.7256/1994-1471.2014.5.64894 URL: https://en.nbpublish.com/library_read_article.php?id=64894
Abstract:
The article contains analysis of the elements of the subject of destruction or harming of forests
and other planted vegetation, and a proposal is made for lowering the minimum age of an offender in
a crime under Art. 261 of the Criminal Code of the Russian Federation to 14 years old. The author studies
the issues of criminal responsibility of legal entities for environmental crimes taking into account the
foreign criminal legislation (in the Great Britain, the USA, Germany, Holland, Denmark, Norway, Finland,
Jordan, Lebanon, Syria, the People’s Republic of China, India, Japan, Romania, the Republic of Moldova,
the Lithuanian Republic). The article supports the proposal of introduction of criminal responsibility of
legal entities specifically for criminal destruction or harming of forests and other planted vegetation on
a condition that this idea shall be implemented in a comprehensive procedure within the framework of
the norms of the General and Specific Parts of the Criminal Code of the Russian Federation. The criminal
responsibility for the destruction or harming forest and other vegetation by the legal entities in the
course of their economic activities is offered to establish in the special Art. 261.1 of the Criminal Code of
the Russian Federation.
Keywords:
environmental crime, elements of a crime, forest vegetation, criminal law characteristics, subject of a crime, elements, criminal responsibility age, legal entity, economic activity, legislation of foreign states.
Reference:
Veliev, F.Z..
“Hate Crime” in the criminal legislation of the states
of the common law legal family (the Great Britain,
the USA, Canada, Australia, New Zealand)
// Actual problems of Russian law.
2014. № 5.
P. 880-884.
DOI: 10.7256/1994-1471.2014.5.64895 URL: https://en.nbpublish.com/library_read_article.php?id=64895
Abstract:
The author offers analysis of criminal legislation on “hate crime” in the states within the common
law (Anglo-Saxon) legal family: the UK, the USA, Canada, Australia and New Zealand. The author names the
elements, based upon which the crimes are qualified as “hate crime” in the legal systems of these states: race,
skin color, nationality (including citizenship), ethnical background, religion, gender identity, sexual orientation,
age, incapacity (inability to work), etc. Special attention in the legislation of these states is paid to establishing
the intent of an offender and fear, worry or humiliation felt by a victim (victims) due to the encroachment
against him (them). The author describes specific measures taken by legislative and executive bodies of the
said states in order to fill the gaps and widen the scope of application of criminal responsibility for such crimes.
The conclusion is made that generally the punishments are rather strict.
Keywords:
criminal legislation of the UK, criminal legislation of the USA, xenophobic crimes, racial discrimination, hate propaganda, kindling hatred, hate crime, criminal legislation of Canada, criminal legislation of Australia, criminal legislation of New Zealand.
Reference:
Sheveleva, S.V..
Free will and subjective elements within the
system of component elements of crime
// Actual problems of Russian law.
2014. № 3.
P. 423-433.
DOI: 10.7256/1994-1471.2014.3.64008 URL: https://en.nbpublish.com/library_read_article.php?id=64008
Abstract:
The article concerns the correlation between the terms “free will” and “guilt” as a necessary part
of a subjective element within the system of component elements of crime. It is stated that these terms are
not synonymous. Within the framework of the relation among the subjective elements within the system of
component elements of crime the author compares free will with the institutions of causing damage with no
guilt (Art. 28 of the Criminal Code of the Russian Federation (hereinafter, the Criminal Code); criminal sanity,
criminal insanity and related institutions (Art. 21-22 of the Criminal Code); as well as the rules on criminal responsibility
of persons, who have committed crimes in the state of intoxication (Art. 23 of the Criminal Code).
The article includes a critical evaluation of the legislative provisions for causing damage with no guilt in Art.
28 part. 2 of the Criminal Code due to the fact that the denying elements are regarded not as objective, but
as subjective elements. The results of the theoretical studies as well as a comparative approach towards the
studies of criminal responsibility of persons, who have committed crime in a state of intoxication allows the
author to draw a conclusion on the need of the “projection of freedom of will” when dealing with the issues of
the responsibility for such persons.
Keywords:
freedom of will, subjective elements of crime, guilt, causing damage with no guilt, criminal insanity, limited sanity, state of intoxication, de facto insanity, elements of crime, presumption.
Reference:
Dorogin, D.A..
Circumstances excluding criminal responsibility
for the crimes committed by the officials
// Actual problems of Russian law.
2014. № 3.
P. 434-441.
DOI: 10.7256/1994-1471.2014.3.64009 URL: https://en.nbpublish.com/library_read_article.php?id=64009
Abstract:
The article is devoted to the circumstances excluding criminal responsibility for the crimes committed
by the officials. The author offers to divide the encroachments by officials into groups. In the article there
presented analysis of the situation, when criminal responsibility for these acts is not possible. Such situations
include the situation when the true status of a subject of crime does not meet the requirements for certain
elements of an official, that is why there is no complete set of elements for such a crime, which may only be
committed by a special subject. Also, the circumstances excluding criminal responsibility may include acts
according to an order, emergency, use of physical force, arms and special means, parliamentary indemnity,
provocation for committing a crime. The author formulates the differences in the legal nature of parliamentary
indemnity and immunity for the purposes of excluding criminal responsibility. Due to the latter, the author
especially distinguishes the legal positions of the European Court of Human Rights. The author analyzes the
current judicial practice on the issues, offering the solutions for some legal problems.
Keywords:
excluding criminal responsibility, official, elements of a special subject, acting in accordance to an order, emergency, use of weapons, parliamentary indemnity, immunity, provocation for committing a crime, the European Court of Human Rights.
Reference:
Ulyanova, V.V..
Problems of applying criminal responsibility
for financing terrorism as one of the forms of
abetting terrorist activities
// Actual problems of Russian law.
2014. № 3.
P. 442-447.
DOI: 10.7256/1994-1471.2014.3.64010 URL: https://en.nbpublish.com/library_read_article.php?id=64010
Abstract:
The article concerns the studies of topical issues regarding implementation of criminal responsibility
for abetting terrorism activities in the form of terrorism financing (Art. 205.1 of the Criminal Code of the Russian
Federation). In this article the author comes to a conclusion, that since terrorism financing is a type of
criminal abetting, the problems of criminal responsibility for this type of crime are due to the conflicts between
the norms of Art. 205.1 of the Criminal Code of the Russian Federation and the competing norms of criminal law. That is why in this article the author distinguishes the terrorism financing as an independent form of abetting
criminal activities from other times of abetting in committing crimes in terrorism direction. The author
provides examples of judicial practice illustrating difficulties regarding application of Art. 205.1 of the Criminal
Code of the Russian Federation in part of terrorism financing. The author of the article also formulated recommendation
on resolving the problems of competition between the criminal law norms regarding qualification
of acts of a person financing crimes of terrorist direction, organized group, illegal armed formation and criminal
community (criminal organization).
Keywords:
criminal responsibility, abetting, terrorist activities, financing, terrorism, aiding, co-participation, crime of terrorism direction, unlawful armed formation, qualification of crimes.
Reference:
Filchenko, A.P..
Compulsory measures of educational character
as a form of implementation of criminal responsibility
// Actual problems of Russian law.
2014. № 3.
P. 448-454.
DOI: 10.7256/1994-1471.2014.3.64011 URL: https://en.nbpublish.com/library_read_article.php?id=64011
Abstract:
The article presents analysis of the formulae of criminal and criminal procedural norms regulating
application of compulsory measures of educational character (hereinafter, CMEC). The author criticizes the
ambiguous character of criminal law value of these measures: 1) as substitutes for the terminated criminal
responsibility; 2) as measures of criminal responsibility serving as an alternative to the punishment. It is proven
that CMEC are non-punitive forms of implementation of criminal responsibility. This conclusion is supported by
the following arguments: 1) the same bases apply for application of the CMEC and the criminal responsibility;
2) the inconsistency of the legislator, who allowed for the application of the CMEC at the same time with implementation
of criminal responsibility and with release from it; 3) the same goals of application of CMEC and of
criminal punishment; 4) presence of criminal law and criminal procedural mechanisms for the renewal of the
procedure for the other types of responsibility of a juvenile offender; 5) with the results of the studies of other
authors; 6) by the narrow approach towards the object of criminal law regulation, excluding the need for the
criminal law to cover other means not related to criminal responsibility. The author formulates propositions for
the amendments into Art. 90 p.1 of the Criminal Code of the Russian Federation and Art. 427 of the Criminal
Procedural Code of the Russian Federation, which shall allow for the following: a) regulating the application
of the CMEC as criminal responsibility measures; b) keeping the possibility of their use at the stage before the
condemnatory judgment of a court; c) providing for a guarantee of return to the issue of application of criminal
responsibility of a juvenile fails to comply to the requirements.
Keywords:
compulsory measures of educational character; criminal responsibility of juveniles, release from responsibility; termination of criminal prosecution; object of criminal law, alternative to criminal responsibility, alternative to criminal punishment, condemnatory judgment for a juvenile, means of criminal law, release from punishment.
Reference:
Ptaschenko, D.S..
Imaginary defense in criminal law of the Member
States of the Commonwealth of Independent States:
specific features of legislative regulation
// Actual problems of Russian law.
2014. № 2.
P. 261-266.
DOI: 10.7256/1994-1471.2014.2.63860 URL: https://en.nbpublish.com/library_read_article.php?id=63860
Abstract:
The author studies specific problems of legislative regulation of imaginary defense in criminal
law of Member States of the Commonwealth of Independent States (hereinafter, the CIS). The author established
that there are three main approaches towards its regulation in the legislations of the CIS Member
States depending on the type and extent of its regulation. The first approach provides for regulation
of the imaginary defense with the general norms of criminal law; the second approach is to regulate
imaginary defense with the norms on mistakes in the sphere of circumstances, excluding criminality of an
act; the third approach is to regulate imaginary defense with special norms. The author made a conclusion
that none of the existing approaches to the regulation of imaginary defense in the criminal law of
the Member States of the CIS may be unilaterally accepted as a model for unification of such regulation.
The most preferable type of regulation unification by the CIS Member States is systemic use of positive
features of all three of these approaches, namely, adoption of norms on causing harm in the absence of
guilt (casus); norms on mistakes regarding circumstances, excluding criminality of an act; as well as the
specific norms on imaginary defense. In order to achieve complete and systemic regulation of imaginary
defense in the criminal law of the CIS Member States, it is also necessary to amend their criminal legislation
with the norms on mistakes, including them in the General Parts of criminal codes. Additionally,
specific norms on imaginary defense should also be amended.
Keywords:
imaginary defense, types of imaginary defense, regulation of imaginary defense, unification of imaginary defense, causing damage without guilt, casus, mistake, mistake in facts, mistake in circumstances, necessary defense.
Reference:
Zadoya, K.P..
Legal constructions of the “act which influenced the
results of the voting of electors in an electoral precinct
or district” and the “act causing inability to establish the
will of the electors in a electoral precinct or in elections
(referendum)” as a specific features of the Ukrainian
criminal law
// Actual problems of Russian law.
2014. № 1.
P. 85-91.
DOI: 10.7256/1994-1471.2014.1.63802 URL: https://en.nbpublish.com/library_read_article.php?id=63802
Abstract:
The novel criminal legislation of Ukraine provides for criminal responsibility for the crimes
against e lection a nd r eferendum r ights o f p eople, a nd i t w as o ften a mended d ue t o v arious s ocial,
political and legal reasons. However, its characteristic feature compared to other post-Soviet
states was and still is use of the legal constructions of “act which influenced the results of the voting
of electors in an electoral precinct or district” and the “act causing inability to establish the will
of the electors in a electoral precinct or in elections (referendum)”. However, the amount of attention
to these constructions in the science of Ukrainian criminal law is not sufficient. Their subject-structure
analysis allows to consider both of these constructions stillborn and unviable. The reason for it
lays in contradictions between the provisions of criminal and election (referendum) law of Ukraine,
which traditionally fall outside the scope of attention of the legal scholars specializing in criminal law.
Keywords:
elections, referendum, results of the election, election precinct, voting, criminal responsibility, legal construction, crime, elector register, election rights.
Reference:
Demidova, L.N..
Structure of property damage
in criminal law of Ukraine
// Actual problems of Russian law.
2013. № 11.
P. 1448-1453.
DOI: 10.7256/1994-1471.2013.11.63435 URL: https://en.nbpublish.com/library_read_article.php?id=63435
Abstract:
The article is devoted to a topical problem of defining the structure of property damage as a criminal
consequence. The existing complications are due to the fact that there is no unified approach in the general
theory of criminal law towards this matter, and the scholars provide varying descriptions of structure of such
consequences even within a single type of crime. The said ambiguity influence the clarity of legal fixation of elements
of crime in criminal law, and it causes judicial mistakes, violating the lawful right of victims for the full
compensation of property damage caused by a crime. The article provides analysis of various positions on defining
the structure of property damage; she singles out the key features, allowing to distinguish the property
damage structure in criminal law from loss and damage in civil law. The author formulates the conclusions,
which may be of help to legal practitioners for the purposes of guaranteeing lawfulness when classification
certain crimes and compensating damage to property of a victim caused by a criminal act.
Keywords:
structure of damage, property damage, damage, criminal behavior, crime, compensation of harm, classification of crimes, loss, damage, additional losses.
Reference:
Esakov, G.A..
Customary international law
as a source for criminal law prohibitions
// Actual problems of Russian law.
2013. № 10.
P. 1271-1276.
DOI: 10.7256/1994-1471.2013.10.63215 URL: https://en.nbpublish.com/library_read_article.php?id=63215
Abstract:
The article is devoted to customary international law as a source of Russian criminal law. The author
analyzes the issue of whether the norms of international customary law may be used as crime-forming elements
in the crime of use of prohibited means and methods of waging war. Based upon the study of history
of the issue and international practice («the Martens clause», practice of international tribunals, norms of
international humanitarian law, practice of the Constitutional Court of the Russian Federation and the European
Court of Human Rights) the author formulates the criteria for such use. In the opinion of the author, it
is acceptable to establish contents of criminal legal prohibition via the norms of international customary law,
which are included into the sphere of conventionally prohibited behavior through the «Martens clause», on
a condition that the obvious unlawfulness of the behavior was understood by a person at the moment when
the crime was being committed. At the same time it shall inevitably be decided ad hoc, and the national courts
shall have to face complicated issues of establishing the contents of norms of international customary law.
Keywords:
customary international law, elements of crime, crime, source of criminal law, act, disposition, foresight of criminal nature of behavior, international treaty, criminal law, lawfulness principle.
Reference:
Veliev, F.Z..
The motive of hatred or enmity
in criminal legislation of Russia
// Actual problems of Russian law.
2013. № 10.
P. 1277-1282.
DOI: 10.7256/1994-1471.2013.10.63216 URL: https://en.nbpublish.com/library_read_article.php?id=63216
Abstract:
The motive of hatred or enmity is used in several meanings. Hovewer, neither the Criminal Code (both
the of the Russian Federation, and of the RSFSR), nor the Decrees of the Plenum of the Supreme Court N. 11 of
June 28, 2011 «On judicial practice on extremist crimes» provide for its contents. The article contains evaluation
of the terms «behavior motive», «crime motive», «incentive», «interest». The author pays special attention
to the motive of national (ethnical), racial, or religious hatred and enmity (discord). The author analyzes
some specific issues regarding qualification of crimes committed due to the motives of racial, national, or religious
hatred or enmity. He concludes that these motives should not be united with other motives, and should
be recognized as Independent qualifying elements in specific crimes (as it is provided for in international law
and in legislation of most foreign states). Additionally, he sustains that the proposition to exclude these motives
from the list of aggravating circumstances is untimely.
Keywords:
criminal legislation, behavior motive, crime motive, criminal legal value of motive, extremist crime, enticement, hatred, enmity, discord, qualification of crimes.
Reference:
Filatova, M.A..
Target of crime, as provided for by
Art. 174, 1741 of the Criminal Code
of the Russian Federation
// Actual problems of Russian law.
2013. № 10.
P. 1283-1290.
DOI: 10.7256/1994-1471.2013.10.63217 URL: https://en.nbpublish.com/library_read_article.php?id=63217
Abstract:
The article contains analysis of the term «target of crime» within the context of the «laundering»
money and other criminally obtained valuables under Art. 174 and 174.1 of the Criminal Code of the Russian
Federation taking into account the new version of the criminal law of 2013. The author evaluates scholarly
opinions and judicial practice as to interpretation of this term. She studies the term «property» in its correlation
with its meaning in civil law, as well as other civil rights objects, as objects of «laundering». The author
also analyzes various points of view as to the amendments into the legislatively provided «laundering» target
definition, taking into account international provisions and foreign scholarly writings. The author offers to
regard target of this crime as property, works, services, and copyright. However, due to the complicated legal
construction of these articles, it is preferable to include into them the reference to «proprietary values» and
add a commentary to Art. 174 of the Criminal Code of the Russian Federation.
Keywords:
laundering, legalization, target of crime, property, proprietary values, copyright, petty daily transactions, works (services), monetary funds, securities.
Reference:
Petrova, I.A..
On the issue of definition
of “malicious evasion from alimony
payment for children”
// Actual problems of Russian law.
2013. № 10.
P. 1291-1297.
DOI: 10.7256/1994-1471.2013.10.63218 URL: https://en.nbpublish.com/library_read_article.php?id=63218
Abstract:
The article deals with the topical issues regarding difficulties appearing in legal practice of investigating
crimes of malicious evasion from alimony payment for children in accordance with a court decision. Based
upon analysis of specific court cases on Art. 157 of the Criminal Code of the Russian Federation, the author
attempts to generalize the judicial practice in order to develop a unified approach towards the definition of
"malicious evasion from alimony payment for children". The article provides arguments in favor of amending
the criminal and family legislation.
Keywords:
jurisprudence, crime, evasion, malicious, alimony, money for sustenance, underage children, criminal law, responsibility, judicial practice.
Reference:
Kalinina, T.M..
Criminal legal measures
in the legislation of China
and Muslim states
// Actual problems of Russian law.
2013. № 9.
P. 1154-1159.
DOI: 10.7256/1994-1471.2013.9.63140 URL: https://en.nbpublish.com/library_read_article.php?id=63140
Abstract:
This article is devoted to analysis of criminal law measures in the legislation of states belonging to the
families of traditional (community) law states (The People’s Republic of China, The Republic of Korea, Japan)
and religious law state (the Islamic Republic of Iran, the Republic of Afghanistan, Turkey). The article includes
analysis of criminal legal measures, based upon the examples of the Criminal Code of the People’s Republic
of China of 1979, the Criminal Code of the Republic of Korea of 1953, the Criminal Code of Japan of 1907 (ed.
1995), The Law on Islamic Criminal Punishments of the Islamic Republic of Iran of 1991, the Criminal Code (the
Law on Punishments) of the Republic of Afghanistan of 1976, and the Criminal Code of Turkey of 2004. The
author comes to a conclusion that punishments dominate as criminal law measures. The Criminal Code of the
People’s Republic of China also provides for the criminal responsibility of legal entities.
Keywords:
jurisprudence, criminal law measures, punishments, foreign law, legal family of traditional law, legal family of religious law, criminal law of states, confiscation of property, announcement of the sentence, deprivation of freedom.
Reference:
Ilyina, E.P..
Criminal legal protection
of water biological resources
// Actual problems of Russian law.
2013. № 9.
P. 1160-1164.
DOI: 10.7256/1994-1471.2013.9.63141 URL: https://en.nbpublish.com/library_read_article.php?id=63141
Abstract:
The article includes analysis of the definition of water biological resources and related terms based
upon the norms of international law and criminal legislation of the Russian Federation, as well as criminal
law prohibition of the encroachments upon the water biological resources and means of their protection. The
author evaluates positive and negative features of the legal norms of the Criminal Code of the Russian Federation,
which are directly or indirectly aimed at the protection of water biological resources. She also describes
the definition of the place of crime typical for specific crimes, and she pays attention to the legal status of an
environment. The author then offers to accept a uniform term for the objects of criminal law protection.
Keywords:
jurisprudence, criminal law, international legal acts, water biological resources, criminal law prohibition, biological variety, environment, marine animals, water area.
Reference:
Knyazeva, E.A..
Hijacking and seisure
of aircrafts and vessels for water transportation:
comparative legal aspect
// Actual problems of Russian law.
2013. № 8.
P. 994-1000.
DOI: 10.7256/1994-1471.2013.8.63037 URL: https://en.nbpublish.com/library_read_article.php?id=63037
Abstract:
The article is devoted to the analysis of the experience of criminalization of hijacking and seizure of
aircrafts and vessels for water transportation. The author held a comparatively legal study of foreign legislation
in order to uncover differences and similarities in criminal legal regulation of responsibility for the criminal
acts in question in order to find the possible landmarks for the amendments to the Criminal Code of the Russian
Federation. Analysis of the provisions of criminal legislation of foreign states has shown the following: 1.
Many states have in their criminal legislation provisions on responsibility for hijacking and seizure of aircrafts
and vessels; 2) The norms of foreign legislations, which are similar to the norm of Art. 211 of the Criminal
Code of the Russian Federation, are present in most states, and their provisions are mostly identical with some
insignificant differences as to objective and subjective elements; 3) Existing differences are due to national legislative
traditions and requirements of correlation between criminal legal regulation and other circumstances
regarding legislative techniques.
Keywords:
jurisprudence, criminal law, hijacking, seizure, vessel, aircraft, ship, transportation, security, crimes.
Reference:
Karelova, G.A..
Legal force of decisions
of the constitutional court of Ukraine
on the issues of criminal law
// Actual problems of Russian law.
2013. № 8.
P. 1001-1006.
DOI: 10.7256/1994-1471.2013.8.63038 URL: https://en.nbpublish.com/library_read_article.php?id=63038
Abstract:
The article is devoted to the legal force of decisions of the Constitutional Court of Ukraine on the issues
of criminal law. The author supports the position that legal force of legal acts of the Constitutional Court
of Ukraine is based upon the provisions of the Constitution of Ukraine, and the legal positions as enshrined in
the decisions of the Constitutional Court of Ukraine have material legal force, precedent character and they
are sources of law, criminal law included.
Keywords:
jurisprudence, criminal law, decisions, legal force, legal positions, constitutional court, source of law, force of law, precedent, the Constitution of Ukraine.
Reference:
Schedrin, N.V., Nikitina N.A..
On the legal nature and perspectives
of institution of release with the application
of compulsory measures
of educational nature
// Actual problems of Russian law.
2013. № 8.
P. 1007-1011.
DOI: 10.7256/1994-1471.2013.8.63039 URL: https://en.nbpublish.com/library_read_article.php?id=63039
Abstract:
The article provides for a complex character of the institution of release with application of compulsory
measures of educational nature, which in the opinion of the author combines four types of measures
of criminal influence: punishment, encouragement, security and restoration. The authors make propositions
on the improvement of the existing criminal legislation via abolishment of the of release with application of
compulsory measures of educational nature, and, specifically, to exclude the «warning» from the list of limitations
and special requirements, and include in this list the following measures: «to take the social psychological
training course», «mediation procedure», prohibition of «contacts with certain persons», «visiting certain
places», make the list closed.
Keywords:
jurisprudence, release, punishment, security, restoration, encouragement, mediation, training, limitations, complex.
Reference:
Naumov, M.V..
Conditions, motives and grounds
for detention of a crime suspect
// Actual problems of Russian law.
2013. № 7.
P. 836-843.
DOI: 10.7256/1994-1471.2013.7.62873 URL: https://en.nbpublish.com/library_read_article.php?id=62873
Abstract:
The author studies the process of conditions, motives and bases for the detention of the crime suspect.
Much attention is paid to the issue of the use of the information gained through the operative Investigation
activities, as the basis for the detention of the suspect criminal. The author of the article considers that
an investigator, the inquirer, the inquiring body, who gained such sources of Information, have a right to view
this information as «other data», as provided for p. 2 of Art. 91 of the Criminal Procedural Code of the Russian
Federation. And if there are some additional conditions under this article, the detention may be lawful only
when obligatory requirements are followed.
Keywords:
jurisprudence, detention, suspect, conditions, motives, conditions, bases, operative investigation events, other data, factual data, sources of information.
Reference:
Idrisov, I.T., Idrisov, N.T..
On correlation of the terms «forced labor»
and «slave labor» and some problems
of qualification and use of slave labor
// Actual problems of Russian law.
2013. № 5.
P. 585-589.
DOI: 10.7256/1994-1471.2013.5.62684 URL: https://en.nbpublish.com/library_read_article.php?id=62684
Abstract:
In modern Russia the role of labor-based punishments is currently growing. This fact can be explained
by the general tendency of greater application of alternative types of punishments not concerning deprivation
of freedom (imprisonment), as well as by the greater representation of labor-based punishments within the
system of punishments. In order to establish and apply this type of punishment one needs to study the issues of
lawfulness of forced labor and limits to its application. Defining the criteria for distinguishing forced labor and
slave labor, as well as similar social matters, is necessary in order to duly qualify the crime of use of slave labor
(Art. 127.2 of the Criminal Code of the Russian Federation). The authors of the article distinguish between the
legislatively allowed and prohibited forced labor. The state has no right to use forced labor with elements of
slave labor or to force to work. Enslavement of a person and use of the slave work of a person, who cannot
refuse to perform the work (service) without risk to his natural rights, presupposes forced labor. The problem
of correlation of forced labor and slavery was also brought to the attention of the researchers due to the new
type of punishment in the Criminal Code of the Russian Federation, which is compulsory labor. This punishment
may be regarded as a modification of slave labor.
Keywords:
jurisprudence, punishment, forced, labor, correlation, obligatory, slave, crime, qualification, slavery.
Reference:
Sidorkin, A.I..
The issues of strengthening responsibility
for the undue performance of obligations
on protection of weapons, ammunition,
explosive substances and devices
// Actual problems of Russian law.
2013. № 4.
P. 470-474.
DOI: 10.7256/1994-1471.2013.4.62548 URL: https://en.nbpublish.com/library_read_article.php?id=62548
Abstract:
The author views the issues of strengthening the legal responsibility for the crimes related to the
undue performance of obligations on protection of weapons, ammunition, explosive substances and devices.
The author analyzes the MIA of Russia statistics, as well as data from the Supreme Court of the Russian
Federation, the Investigation Committee of the Russian Federation on the practice of application of the Art.
225, 342, 344 of the Criminal Code of the Russian Federation. Then he makes proposals for the strengthening
responsibility for such acts and unification of punishments for them.
Keywords:
jurisprudence, responsibility, criminal, weapon, ammunition, storage, punishment, subject, utilization, crime.
Reference:
Bavsun, M.V..
Changes and amendments
to the criminal law as means
for the improvement of efficiency
of its application
// Actual problems of Russian law.
2013. № 4.
P. 475-482.
DOI: 10.7256/1994-1471.2013.4.62549 URL: https://en.nbpublish.com/library_read_article.php?id=62549
Abstract:
This article is devoted to the problem of quality of amendments and additions to the Criminal Code of
the Russian Federation, which are evaluated by the author from the standpoint of efficiency of their application in
fighting crime. The article provides critical analysis of legislative activities in the sphere of criminal law norms in the
latest decade. The author provides proposals for the optimization of the law-making activities on amendments and
additions to the Russian criminal legislation. The author also offers specific criteria for the activities of legislator on
introduction of quality-related changes into the text of criminal law and to practical implementation of such provisions.
Much attention is paid to the problem of correlation of legislative and law-enforcement aspects, and to the
need to balance these aspects in the process of interference into the sphere of criminal legal influence.
Keywords:
jurisprudence, changes, amendments, optimization, criminal law, efficiency, operative interference, improvement, the basic idea, legal conscience.
Reference:
Avdeeva M.V..
Osobennosti tekhniki implementatsii mezhdunarodnykh ugolovno-pravovykh norm v rossiiskoe zakonodatel'stvo
// Actual problems of Russian law.
2012. № 4.
P. 215-227.
DOI: 10.7256/1994-1471.2012.4.63308 URL: https://en.nbpublish.com/library_read_article.php?id=63308
Keywords:
Mezhdunarodnoe ugolovnoe, implementatsiya, ratifikatsiya, mezhdunarodnye prestupleniya, prestupleniya mezhdunarodnogo kharaktera, konventsionnye prestupleniya.
Reference:
Gorshkova N.A..
Ugolovno-pravovaya okhrana deyatel'nosti ispravitel'nykh uchrezhdenii po zakonodatel'stvu ryada zarubezhnykh stran
// Actual problems of Russian law.
2012. № 4.
P. 228-234.
DOI: 10.7256/1994-1471.2012.4.63309 URL: https://en.nbpublish.com/library_read_article.php?id=63309
Keywords:
obespechenie, prestupleniya protiv poryadka upravleniya, prestupleniya protiv pravosudiya
Reference:
Pankratov M.V..
Osobennosti otvetstvennosti souchastnikov pri dobrovol'nom otkaze i neokonchennom prestuplenii
// Actual problems of Russian law.
2012. № 4.
P. 235-242.
DOI: 10.7256/1994-1471.2012.4.63310 URL: https://en.nbpublish.com/library_read_article.php?id=63310
Keywords:
Souchastie v prestuplenii, pokushenie na prestuplenie, ischislenie srokov nakazaniya, organizator prestupleniya.
Reference:
Kurnosova T.I..
Voprosy privlecheniya k otvetstvennosti vysshikh dolzhnostnykh lits gosudarstva za sovershenie voennykh prestuplenii
// Actual problems of Russian law.
2012. № 4.
P. 243-254.
DOI: 10.7256/1994-1471.2012.4.63311 URL: https://en.nbpublish.com/library_read_article.php?id=63311
Keywords:
voennye prestupleniya, vysshie gosudarstvennye dolzhnostnye litsa, Rimskii statut MUS.
Reference:
Simonov A.G..
Otgranichenie unichtozheniya ili povrezhdeniya lesnykh i inykh nasazhdenii ot inykh skhodnykh ekologicheskikh prestuplenii
// Actual problems of Russian law.
2012. № 4.
P. 255-263.
DOI: 10.7256/1994-1471.2012.4.63312 URL: https://en.nbpublish.com/library_read_article.php?id=63312
Keywords:
Otgranichenie, unichtozhenie, povrezhdenie, les, nasazhdeniya, ekologicheskie prestupleniya, Ugolovnyi kodeks, okruzhayushchaya sreda.
Reference:
Pankratov M.V..
Primenenie otyagchayushchikh obstoyatel'stv pri naznachenii nakazaniya souchastnikam
// Actual problems of Russian law.
2012. № 4.
P. 264-271.
DOI: 10.7256/1994-1471.2012.4.63313 URL: https://en.nbpublish.com/library_read_article.php?id=63313
Keywords:
Souchastie v prestuplenii, fizicheskoe prinuzhdenie