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 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 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 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 authors of the article examine the relationship
between the criminal process and investigative activity
taking into consideration the requirements of the
Criminal Procedure Law and the Law on Investigative
Activities in the Russian Federation. Such important
issues as main tasks and principles of the criminal
process and investigative activity are considered in the
article. The authors analyze interrelations of some
investigative actions and operational search as well as
the order of introduction and usage of the results of the
investigative activities at the stage of criminal case
initializing and in the course of investigative activities.
The authors also pay attention to the data which must
be submitted in the report or memorandum on the
prepared or being committed crime giving grounds for
criminal case initializing
The article analyses the criminal legislation in
the application of such circumstance aggravating
punishment as crime in a state of intoxication.
Different points of view on a concept of state of
intoxication and its value for qualification of
crimes and criminal liability are considered. It is
emphasized that now the legislator establishes
the rule according to which the person who
commits a crime in a state of intoxication caused
by alcohol, drugs, psychotropic substances or
their analogs, new potentially dangerous
psychoactive substances or other intoxicating
substances is held to criminal liability on general
basis. In the article, we describe foreign criminal
laws concerning rules of sentencing a person
who committed a crime in state of intoxication.
The authors paid special attention to
consideration of court practice of application of
this circumstance aggravating punishment. The
authors illustrate the lack of uniformity in
approach of judicial authorities to application of
this circumstance. The authors formulated the
proposals for improving the existing criminal
legislation. In addition, the authors point to the
need for the Resolution of the Plenum of the
Supreme Court of the Russian Federation, which
would explain in detail the accounting rules of
state of intoxication at criminal sentencing
In the scientific article, the author came to a certain conclusion by considering various opinions of scientists relating to the present range of problems, and he has quoted a classification of murders, committed as hired killing: contract murders based on commercial conflicts in the sphere of business; hired murders committed on the base of criminal conflicts; hired murders committed in the sphere of industrial and employment activity
Relevance of the chosen topic is caused by
existence of disputable issues in qualification of
the crime established in article 153 of the
Criminal code of Russian Federation. Objective
and subjective elements of corpus delicti of
substitution of a child are analyzed in the article.
The special attention is paid to the object of the
crime, and also consideration of the concept
«victim». In this article «mercenary and low
motives» as a constructive feature of the
subjective element of substitution of a child are
considered, the most significant gaps in norms of
the criminal legislation are analyzed and ways of
their elimination are offered. Having
investigated normative legal acts, court practice,
foreign legislation and the existing theoretical
developments, authors give their interpretation
of article 153 of the Criminal code of Russian
Federation. The authors express opinion about
strengthening of the punishment for this crime.
We consider important inclusion in corpus
delicti of this crime such aggravating features as
the act: «against two or more persons», «a group
of persons by previous agreement or organized
group», «a person using his official position», «a
person who has a previous conviction for crime
against a family and minors»
The authors of the article point out that the research of
cold steel arms and their traces has been considered in
detail in the studies of different criminologists.
Unfortunately, many scientists, examining cold steel
arms as the item of expertise, mainly paid attention to
the knives, swords, daggers, etc., but few researchers
considered crossbows as cold steel weapon. In
accordance with part. 4 Art. 223 of the Criminal Code
of Russia for illegal manufacture, alteration or repair
of throwing weapons, as well as the illegal sale of
throwing weapons (Art. 4, Art. 222 of the Criminal
Code), criminal liability is stipulated. Thus, the
authors agree with the opinions expressed in the
literature according to which attention should be paid
to the fuzzy wording of p. 4 Art. 222 of the Criminal
Code and p. 4 Art. 223 of the Criminal Code of the
Russian Federation: "Cold steel weapons, including
throwing weapons". Throwing weapons are not
included in the number of cold steel arms; it is an
independent type of weapon that is different from the
cold steel by its technical characteristics. The common
feature of cold steel arms and throwing weapons is
striking of a target due to the muscle power of a man.
The main difference is that there is no projectile with
directional movement in cold steel arms and striking
occurs due to the direct contact with the object. The
definitions of these types of weapons are contained in
the Federal Act "About Weapons"
A functional analysis of deposits at civil law allows comprehend its destination and role in developing the dynamic of a law regulation of a property circulation in conditions of market economy. The authors present their point of view about the deposit use possibility to provide a preliminary agreement in the civil law