{"title":"Criminal Law Meaning of Smuggling Methods","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-17-28-35","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-17-28-35","url":null,"abstract":"The author analyzes the articles of the Criminal Code of the Russian Federation stipulating liability for smuggling taking into account the provisions of the Agreement on the Customs Code of the Customs Union and creation of a single customs territory of the Customs Union within the EAEU as well as the Treaty on the Eurasian Economic Union (EAEU) and creation of the customs territory of the EAEU as well as the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 27, 2017 No. 12 On Judicial Practice in Smuggling Cases. Special attention is paid to consideration of issues relating to determination of smuggling methods, the liability for which is stipulated by articles 200¹, 200², 226¹ and 229¹ of the Criminal Code of the Russian Federation including the issues concerning smuggling across the customs border of the Customs Union within the EAEU and the state border of the Russian Federation with the Customs Union member states within the EAEU.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121677991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Smuggling Location","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-16-3-11","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-16-3-11","url":null,"abstract":"The author analyzes the articles of the Criminal Code of the Russian Federation stipulating liability for smuggling taking into account the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 27, 2017 No. 12 On Judicial Practice in Smuggling Cases, the provisions of the Agreement on the Customs Code of the Customs Union and creation of a single customs territory of the Customs Union within the EAEU as well as the Treaty on the Eurasian Economic Union (EAEU) and creation of the customs territory of the EAEU. Special attention is paid to consideration of issues relating to establishment of location of smuggling, the liability for which is stipulated by articles 200¹, 200², 226¹ and 229¹ of the Criminal Code of the Russian Federation including the issues concerning smuggling on the territory of the Russian Federation and smuggling outside the territory of the Russian Federation – on the EAEU member state territory.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"21 S2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120982287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"New Clarifications on Illicit Trafficking Cases","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-15-3-13","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-15-3-13","url":null,"abstract":"The article analyzes changes in the Russian criminal legislation on liability for illicit trafficking including the ones stipulated by the Agreement on the Customs Code of the Customs Union and the appearance of a single customs territory of the Customs Union within the EAEU taking into consideration the provisions of the ruling of the Plenum of the Supreme Code of the Russian Federation dated April 27, 2017 No. 12 On Judicial Practice in Cases on Illicit Trafficking. The author describes the reasons that have brought about the need to prepare clarifications on illicit trafficking cases at the level of the ruling of the Plenum of the Supreme Code of the Russian Federation; pays attention to the changes of the legal regulation of customs relations; sets out the approaches to the notion of illicit trafficking in a narrow and broad sense; gives clarifications as to the determination of the illicit trafficking object itself and its subjects; unfolds the content of the objective side of illicit trafficking; makes notice of the issues, which have not received due clarification yet and the answers thereto will be developed in course of law enforcement.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125970267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Russian Criminal Law Policy and Legal Content of Criminal Law","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-13-42-49","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-13-42-49","url":null,"abstract":"The article is prepared based on the theses of speech delivered on March 29, 2017 at the round-table conference On Legal Content of Criminal Law dedicated to the 65th anniversary of Doctor of Law, Professor Yury Vladimirovich Golik held at the Moscow Academy of the Investigative Committee of the Russian Federation. The author notes that the notion of “legal content of criminal law” is relatively new and not well-established from the theoretical standpoint, which leads to various approaches to its definition. Expediency and objective conditioning of review of the legal content of criminal law from the implemented legal policy perspective is justified. The article states that law derives from policy, expresses policy and serves as a means of its implementation while the acts of legislation and other statutory acts are one of the instruments for implementation of the pursued legal policy of the state, which is the only social formation entitled to accept, amend or cancel legal provisions itself or by delegation of its powers. Consequently, the criminal law content is determined by the criminal law policy carried out by the state. The author notes that from the positions of essence the legal content of criminal law requires assessment based on the understanding of law as the state will where law is understood as the will of the ruling class constructed as an act of legislation. This approach to definition of the legal content of criminal law corresponds to the following string of logic: state will (will of the ruling class) — legal (criminal law) policy — criminal law (criminal statute) and enables to establish that the state criminal law policy pursued by means (using the methods) of criminal law makes the determining influence on the legal content of criminal law.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125189608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Global Terrorism: National and International Countermeasures","authors":"A. Fedorov, D. Sergeev","doi":"10.18572/1812-3783-2017-14-49-53","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-14-49-53","url":null,"abstract":"The article is an analytical review of the statements made by the members of the Russian delegation at the International Forum on Crime and Criminal Law in the Global Era held in Beijing on 29 October — 1 November 2016. Its VIII session was held under the title “Basic Tendencies of Global Terrorism and Counter-Terrorism Fight”. The article reviews and analyses the main statements made by the Russian scholars concerning the definition of international terrorism, the classification of its types, the Russian norms of criminal legislation on the liability for terroristic activities, the criminal liability of legal entities in the system of combating international terrorism, criminalization and penalization of crimes.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128505561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Criminal Liability for Use of Doping in Respect of Sportsman","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-12-34-39","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-12-34-39","url":null,"abstract":"The article is devoted to analysis of art. 230² of the Criminal Code of the Russian Federation establishing liability for use of the substances and (or) methods prohibited in sports in respect of a sportsman.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121099285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Criminal Liability for Inducement to Take Performance-Enhancing Drugs","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-11-38-43","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-11-38-43","url":null,"abstract":"The article is devoted to analysis of article 230¹ of the Criminal Code of the Russian Federation stipulating liability for inducement of a sportsman to take performance-enhancing drugs (substances and (or) methods prohibited in sports).","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131252618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Affairs and Fates of Russian Investigators: Prince G.A. Urusov","authors":"A. Fedorov, Dmitry O. Serov","doi":"10.18572/1812-3783-2017-9-50-56","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-9-50-56","url":null,"abstract":"The article is devoted to the question about the life of Prince G. Urusov, who was the investigator of one of Peter the Great’s Military investigative chancelleries and then the Russian senator. Stories characterized about investigative and military activity of Grigoryi Urusov, on the base of archival sources clarifi ed some of the circumstances of his biography. G. Urusov’s role described in the investigation criminal case against Field Marshal Holy Prince Alexander Menshikov in 1718–1724.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"148 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114117272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Affairs and Fates of Russian Investigators: Buturlin, I.I.","authors":"A. Fedorov, Dmitry O. Serov","doi":"10.18572/1812-3783-2017-7-51-56","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-7-51-56","url":null,"abstract":"The article is devoted to the question about the life of I. Buturlin, who was the chief of one of Peter the Great’s Military investigative chancelleries and Russian Senator. Stories characterized about investigative and military activity of Ivan Buturlin, on the base of archival sources clarified some of the circumstances of his biography. I. Buturlin’s role described in detail in the activity of the Russian Secret chancellery and in the investigation against P. Vlasov and P. Skurihin.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125951130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Crimes Committed by Legal Entities as Immoral and Sinful Acts","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-8-32-35","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-8-32-35","url":null,"abstract":"The article is dedicated to the issue of moral foundations of criminal liability of legal entities, review of the crimes committed by legal entities as immoral and sinful acts. It is noted that definition of the activity of a legal entity as immoral and sinful may be one of the constituent parts for justification of the necessity of criminalization of the acts of legal entities or establishment of administrative liability for such acts. Based on the carried out analysis the author comes to a conclusion that public condemnation of legal entities for the performance of acts acknowledged by the population as sinful and immoral will become over time no less efficient measure of influence than imposition of administrative or criminal liability on a legal entity.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133240086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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