Reference:
Zhuk, M.S..
Theoretical problems of studying the
institutions of the General Part of criminal
law
// LEX RUSSICA (Russian Law).
2014. № 1.
P. 109-122.
DOI: 10.7256/1729-5920.2014.1.63793 URL: https://en.nbpublish.com/library_read_article.php?id=63793
Abstract:
In this article the author evaluates the theoretical problems regarding the institutional formation of
the General Part of criminal law and its system. The analysis shows that the main goal of the General Part is to provide normative “service” to the two central categories: crime and criminal responsibility. The results of
the studies substantiate the categorical character of these terms, showing their links to other phenomena. In
the opinion of the author the system of institutions of the General Part of the criminal law is formed around
these two categories, while not being limited to them. Based upon the results of the study the author concludes
that the following institutions should be devoted to the category of crime in criminal law: the institution of
definition and category of crime, including the sub-institution of situations excluding criminal character of an
act; institution of persons subject to criminal responsibility; institution of guilt, including an sub-institution
of situations excluding guilt; institution of attempted crime; institution of multiple crimes; institution of coparticipation
in crime. Then, the institutions devoted to the category of criminal responsibility should be the
following: institution of definition and goals of criminal responsibility; the institution of relief from criminal
responsibility; institution of types and kinds of punishment; institution of assigning punishment; institution of
relief from serving punishment; institution of confiscation of property and rules of its application; institution
of compulsory measures of medical character and rules for its application; the institution of criminal record;
institution of criminal responsibility of juveniles.
Keywords:
jurisprudence, law, institution, system, order, norm, act, crime, punishment, responsibility.
Reference:
Chuchaev, A.I..
Mechanism
of the transportation crime
(definition and general
characteristics)
// LEX RUSSICA (Russian Law).
2013. № 6.
P. 641-654.
DOI: 10.7256/1729-5920.2013.6.62725 URL: https://en.nbpublish.com/library_read_article.php?id=62725
Abstract:
The article includes analysis of the mechanism of transportation crimes, based upon the poly-ergatic
nature of railway, waterway and air transportation and the mono-ergatic nature of automobile transportation.
The author provides the classification of ergatic system, their correlation, he analyzes the topical issues
regarding the mechanism of crime in general and reckless crime in particular, formulates the term for the
mechanism of transportation crime, singles out its objective (technical system, information system, situation)
and subjective (the person driving (controlling) the vehicle) elements. He shows the differences between the
criminal law and forensic law definitions for the mechanisms of crime, discusses the ways of causing harm to
the social relations on secure transportation functioning.
Keywords:
jurisprudence, transportation, ergatic system, mono-system, poly-system, classification of ergatic system, transportation crime, forensic mechanism, criminal law mechanism, elements of mechanism, operator, technical system, information system, situation.
Reference:
Khilyuta, V.V..
The onthology of economic crime:
from the definition to establishing
the essential elements
// LEX RUSSICA (Russian Law).
2013. № 5.
P. 528-541.
DOI: 10.7256/1729-5920.2013.5.61422 URL: https://en.nbpublish.com/library_read_article.php?id=61422
Abstract:
The article is devoted to the issues of methodological understanding of the nature of economic crime,
the author analyzes the causes for the appearance of this term, it dogmas and modern understanding of
the elements of economic crimes. The author views various concepts and provides the ontological approach
towards the essential elements of crimes against economic activity. Much attention is paid to the history of
development of criminal legislation in the economic sphere, the author analyzes object and system of crimes
against the economic activities (in the sphere of economic activities). Based upon the analysis of criminal legislation
of Russia and Belarus, as well as the legal doctrine, the author points out the tendencies of development
of the criminal law norms in the economic sphere, and he points out the tendencies for the development of
criminal law norms in the economic sphere, as well as the conceptual bases for the formation of the object and
system of economic crimes within the framework of new social market relations.
Keywords:
jurisprudence, economic crimes, elements of crimes, crimes in the sphere of economy, property crimes, concepts of economic crimes, definition of crimes in the sphere of economics, crimes against property, object of crimes, system of crimes.