List of publications on a keyword: «criminal»

The article discusses the controversial aspects of the regulation of liability for illegal trafficking of insider information in the criminal law of some developed foreign countries: the USA, Great Britain, Germany, China, Japan, etc. The authors investigate the features of the delineation of the signs of the subject of the crime, the objective side, the subject, note the positive and negative aspects of the normative construction of the corpus delicti.

В статье рассматриваются меры противодействия взяточничеству как коррупционному преступлению в уголовно-правовом аспекте. Показано, что Уголовный кодекс РФ (УК РФ) является действенным инструментом политики противодействия. В последнее время много сделано в сфере борьбы с коррупционными преступлениями, однако статистика показывает, что количество данных преступлений, и, прежде всего, взяточничества, продолжает увеличиваться. Это говорит о необходимости совершенствования уголовного законодательства. Автором также рассмотрена проблема взяточничества в органах внутренних дел.

This article is devoted to the comparative-legal research of crimes committed by a special subject, the responsibility for which is provided for in the criminal law of Russia and other foreign countries. For the correct qualification of the crime, the special characteristics of the subject are important, since the persons who possess them bear increased responsibility. In the course of the research, the author reveals similarities and differences in the insight by legislators of foreign countries of a special subject of crime, in compare with the criminal legislation of Russia, and also suggests using the experience of foreign countries to improve Russian legislation in the criminal sphere.

The article deals with the activities of the Extraordinary State Commission of the USSR for investigating the atrocities of the Nazi invaders and their accomplices and their prosecution as the inevitability of retribution for war crimes committed.

In the present study the institution of complicity is considered, namely, the authors focus on the mastermind as one of the components of complicity. This type of complicity today has, from the point of view of the scientific community, quite a large number of debatable questions about its establishment as the “person behind the crime” and bringing it to criminal responsibility. Authors have tried to disclose the existing dispute and, accordingly, to offer a solution to the present controversial issues in the legal presentation of the national legislation. These judgments in scientific research could find a more effective incrimination of the positions proposed by the authors in practice.

The article examines the concept of plea agreement under the clause 61, article 5 of the Russian Federation Code of Criminal Procedure. The author came to a conclusion that the analyzed term “plea agreement” doesn’t reflect the idea of the term defined, thus does not provide common understanding.

The issue of exemption from criminal liability based on specific elements of a crime is relevant to an array of crimes. The exemption with court fining is relatively new in the criminal law. Considering the peculiarity of dispositions of the articles 285.1, 285.2 of the Criminal Code of Russia the establishment of the application of the fine for specific crimes remains dubious. The present issue is not covered sufficiently in the theory of the criminal law. Based on scientific researches and case law, specific problems involved in the implementation of the article 72.2 in relation to inappropriate use of public and state non-budgetary funds are established in the present article.

In the article, the author considers the criminal law characteristics of rape, as well as analyzes the legislation in the field under study and reveals the criminal liability for these crimes. The author explores judicial practice regarding dangerous crimes against the individual.

In this article has been analyzed the criminal responsibility for suicide (Article 110 of the Russian Federation Criminal Code), the peculiarities of its objective and the subjective side, and qualification problems in the investigation of this crime. Objective: to give a general description, and find out the legal significance of the responsibility, for bringing to suicide in the legislation of the Russian Federation.

This article examines current situation in the sphere of HRDs activity. Analysis, based on the case study method, showed that human rights defenders often become victims of their own successes in their work, since these achievements often cause a strong negative reaction from repressive states. At the same time, without their activities, freedom of action of the state can become unlimited and go beyond mechanisms that help society function.

This article explores various aspects of prosecutors' supervision in the sphere of combating corruption and compliance with anti-corruption legislation.

This article discusses various methods of detection and disclosure of economic crimes in the tax and banking sectors of the Russian Federation.

The authors of the work point out that among other ways to verify the report of a crime, obtaining explanations stands out. It has a great cognitive meaning and widely used by law enforcement. Despite the prevalence of the application, the legislative enactment of this verification act has many gaps. The relevance of this work is determined by the urgency of expanding the interpretation and giving a clearer legal regulation of obtaining explanations for use on practices. The tasks of this work: to determine the importance of obtaining explanations, as verification action, to identify the problems of its legal consolidation, their analysis and ways to solve them.

The article considers the notion "criminal prosecution", which is a centrifugal phenomenon. Given in conjunction with the whole range of legislative material had been analysed, the opposite point of view in respect of criminal legal category.

The article considers measures of criminal procedural coercion. It emphasizes the strengthening of judicial control over the bodies imposing a coercive measure, which is the guarantor of legality.

The article considers the main ways to identify tax crimes, as well as the grounds for the release of a legal entity from criminal liability.

This article is devoted to the concept of criminal liability. It deals with its directions, functions, implementation, mandatory and structural elements.

In the article the analysis of problems procedure of registration of evidence in a criminal case

The author considers current issues of enforcement of conditional sentencing

The author reveals the actual problems of the appointment of punishment.

The article deals with current issues related to criminal-legal protection of the right to the inviolability and secret of private life, the right to privacy of correspondence, post and telecommunications secrecy. The author notes that the system of penal law of Germany has a complex layered structure and consists not only of appropriate codified act, but the criminal law of the land, and the so-called additional criminal laws (Nebengesetze), i.e., laws not included in the criminal code, which c

This article describes issues related to the functional purpose of the investigator. We study the theoretical views of scientists and legal regulation of criminal procedure investigator functions.

This article describes issues related to the punishment of imprisonment. We investigate the legal regulation, as well as analysis of theoretical views on the sentence of imprisonment for the long term

The article discusses the existing classification of motives of serial murderers. The author provides the classification, which is based on the technique of extreme meanings offered by D.A. Leontyev.

This article discusses the issues of optimization organization of identification of foreign public officials with the aim of countering legalization (laundering) of criminal proceeds as well as the ways to improve identification of foreign public officials on the territory of the Russian Federation taking into account the Russian legislation.