Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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Name

Medvedev Sergey Sergeevich

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Honorary rank

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Kuban State Agrarian University
   

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Articles count: 4

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133 kb

ANALYSIS OF RECENT CHANGES IN CRIMINAL CODE OF THE RF

abstract 0961402018 issue 96 pp. 226 – 237 28.02.2014 ru 1338
The analysis and the author’s assessment of some recent changes in the Criminal Code of the Russian Federation are given in this article. The main regulations of recent federal laws “On introduction of changes and additions in the Criminal Code of the RF” are considered
163 kb

CRIMES COMMITTED BY LEGAL ENTITIES IN FOREIGN COUNTRIES AND TYPES OF PENALTIES APPLIED TO THEM (A SYSTEMATIC REVIEW OF FOREIGN PRACTICES)

abstract 1081504064 issue 108 pp. 891 – 903 30.04.2015 ru 1060
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
159 kb

THE REFLECTION OF THE CONCERNS ABOUT THE DEFINITION OF A LEGAL PERSON AS THE SUBJECT OF CRIME IN MODERN CRIMINAL LEGISLATION OF RUSSIA

abstract 1081504008 issue 108 pp. 107 – 119 30.04.2015 ru 1264
The article sets out the authors ' opinion on the content of guidelines describing the opinions of Russian and foreign scientists in favor of the justification of criminal liability and punishment of legal persons, either against itself or, conversely, offering a compromise in the application of legal persons. Characteristic in this respect the authors of the article on the position of the Investigative Committee of the Russian Federation, submitted in 2011, the year the project enters into the criminal law Institute criminal legal action against businesses and provides theoretical justification for the project. Based on the position of experts in their field - investigators of the investigative Committee, we have identified the most known and well-established principles of the theory of criminal law disciplines. On the basis of the conducted analysis, the authors generated novel in the criminal law, which from the point of view of the authors, will have great application prospects in the Russian criminal practice. An additional argument supporting the need for improvement of criminal legislation in Russia are advanced legal state of the world, analysis of the criminal law which, which was also investigated by the authors
142 kb

TO THE QUESTION ABOUT CRIMINAL LIABILITY OF LEGAL PERSONS IN CRIMINAL LAW OF RUSSIA (HISTORICAL ASPECT)

abstract 1061502065 issue 106 pp. 1013 – 1023 28.02.2015 ru 1007
The article is devoted to the history of establishing criminal liability of legal persons in the Russian legislation. The author justifies the need for a more detailed analysis of the concept of criminal law fixing a legal person as the subject of crime in criminal law of Russia the modern period. To substantiate these stories of criminal law, the authors cite as an example a number of legislative provisions of the Russian legal space in the plane of a retrospective analysis of the previous period of rulemaking and legislative process. The authors investigated the criminal reflection of legal entities in the period of time until the twentieth century. Work includes links to many of the views of leading scientists in the study area, at different stages of development of the state. This submitted for publication article is the first of a series of articles, the authors intend to publish in the future. Historical heritage monuments in Russian law are the starting point for the study of a gradual process complexity and improve analyses Institute. Relevance of the themes on display determines the vector of state policy in the field of globalization of the legal space. Modern Russian criminal law, according to the author, must contain a declaration of the legal person as the perpetrator
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