The article explains that legal designation of criminal
procedure principle of criminal proceedings language
(in the article 18 of the code of criminal procedure it
was called "Criminal proceedings language") cannot
be recognized as sufficiently accurate. There are
arguments in favor of changing the title of this article
and labeling it as the in the law "Principle of the state
criminal proceedings language" in this article
The criminal legislation of the Russian Federation, the legal base is the Constitution of the Russian Federation clearly expresses a new concept of the object of criminal law protection. Although the criminal law is not explicitly said about the object of a crime, it is easy to see when thinking about the content of art. 2 of the Criminal Codex. This is human rights and freedoms and civil rights, property, public order and public safety, the environment, the constitutional system of the Russian Federation, peace and security of mankind, i.e., Criminal law provides a list of autonomous objects of abuse
The article deals with the causes of the motivation
growth among the population to commit fraud in
lending. The article covers the problem of
differentiation of a special type of fraud in the area
of lending to the general composition of fraud
under Art. 159 of the Criminal Code of the Russian
Federation. Particular attention is paid to the
analysis of the sanctions of Art. 159.1 of the
Criminal Code. The author considers the problem
of differentiation of criminal punishment for fraud
in lending, which is stipulated by a special
regulation in relation to Art. 159 of the Criminal
Code. There is a proposed calculation of the fine,
which should be based on the amount of the
damage, and must be proportionate to it. The
problem of distinguishing Art. 159.1 of the
Criminal Code from the related elements of a crime
under Art. 176 of the Criminal Code has been
considered
The article is devoted to some troubles connected with structure of the Russian legislation in sphere of criminal-legal guarding of intellectual property. Shown foreign experience of legal regulation of intellectual property relations examples, and proposing ways of improving current legislation on its grounds
The article provides an overview of the resolutions of the Plenum of the Supreme Court of the Russian Federation, reflecting different approach to qualification of multiple offenses
Discussion and problem questions of criminal-legal
struggle with terrorism are considered. Terrorism as a
phenomenon of our society was analyzed. The
assessment of criminal legislation and the bill on
property and criminal responsibility of relatives of
terrorists is given
The article analyses the criminal and budgetary
legislation in the field of non-targeted spending
of budgetary funds. Research of the official
statistics provided by the General Prosecutor’s
Office of the Russian Federation from 2003 to
2014 showed a decrease in the facts of nontargeted
spending of budgetary funds, that,
according to the authors, is a sign of high level
of latency, because law enforcement and
financial control authorities are facing
difficulties at a stage of identification of this
crime and proof of data obtained during the
investigative measures. The authors of the article
paid special attention to the analysis of the
elements of the non-targeted spending of
budgetary funds. The different points of view of
the object of this crime are considered. At
disclosure of objective features, the authors point
to the terminological differences between the
Criminal code of the Russian Federation and the
Budgetary code of the Russian Federation that,
undoubtedly, in practice disturb the correct
qualification of the actions. By consideration the
subject of non-targeted spending of budgetary
funds, materials of criminal cases have been
studied which allowed to reveal obvious gaps of
the criminal law in this sphere. The authors
formulated the proposals for improving the
legislation by inclusion of the qualifying features
and addition the third part of article that,
certainly, has to be reflected in differentiation of
criminal responsibility
The scientific article: "The crimes committed by legal persons in foreign countries and penalties applied to them (a systematic review of international practice)" encompasses a statement of practices in sentencing in foreign countries for crimes committed by legal entities. The article reflected the author's consistent position on the feasibility of the introduction of the Russian criminal law liability of legal persons, which is justified by reference to the experience of the institution of criminal liability of legal entities in several foreign countries, and forsake not the position of the Investigative Committee of the country, nominated in 2011, the idea of criminal liability companies. The content of the article is aimed at an exchange of views on the problems of introducing criminal liability of legal persons in the Russian criminal law. Analyzed experience in combating crime entities reasoned position as the leading experts in this area and materials jurisprudence allows fully justified to assume a legal entity as a full subject of criminal activities in Russia. In addition, the chronological period law enforcement and pluralistic views of members of the judiciary of England and the United States, determine the inevitable process of globalization of the world legal community in which Russia now occupies a prominent place
The article describes typical investigatory situations on
initial stage of the investigation, we have given the
peculiarities of the situations in crimes against the
family and the structure of the investigative action on
each of them
In the article the authors analyze the state of crime
prevention in special legal literature, with analyses
certain provisions of the criminal procedure code of
Russia, allowing carrying out the preventive activities
of the investigator during the investigation of criminal
cases. In particular, the authors discuss the actual
activities of the investigator in relation to the
investigation of illicit trafficking in drugs. In the
scientific article we have taken into account the views
of famous scientists: R. S. Belkin, S. A. Solunskogo,
A. N. Kolesnichenko, I. A. Vozgrin, I. I. Ivanov and
others