Russian investigator最新文献

{"title":"THE ANTICORRUPTION POLICY IN RESPECT OF LEGAL ENTITIES","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-6-3-7","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-6-3-7","url":null,"abstract":"The article is devoted to the anticorruption policy in respect of legal entities, which has two key areas: the first one is forestalling of corruption of legal entities including identification and elimination of its grounds (i.e. prevention of corporate corruption stipulating the obligation of companies to adopt measures aimed at corruption combating including anticorruption compliance procedures) and the second one is identification, forestalling, suppression, detection and investigation of corruption-related offenses committed by legal entities (i.e. combating corporate corruption). Special attention is paid to the second area: anticorruption policy in terms of introduction of criminal liability of legal entities.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125631779","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":"THE SCIENTIFIC SCHOOL OF PROFESSOR ANATOLIY V. NAUMOV","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-5-3-12","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-5-3-12","url":null,"abstract":"The article is prepared in view of the 80th anniversary of a famous Russian scientist, Professor Anatoliy V. Naumov. The article analyzes A.V. Naumov’s views on the development of criminal law as a science and legislation; justifies presence of the scientific criminal law school he created. Anatoliy Valentinovich is acknowledged a law expert carrying on and developing the traditions of the Kazan criminal law school where he became a lawyer and a scientist. Is it noted that in his research A.V. Naumov recalls and quotes representatives of this school frequently and with deep respect: G.I. Solntsev, A.A. Piontkovskiy (senior) and A.A. Piontkovskiy (junior), G.S. Feldstein, B.S. Volkov. Among other things, A.V. Naumov analyzes G.I. Solntsev’s views who was the first Russian scientist to justify as early as in 1820 the need for acknowledging legal entities crime subjects and criminal liability subjects. Attention is paid to the fact that A.V. Naumov was the first Soviet scientist specializing in criminal law to support the institution of criminal liability of legal entities; the author reviews the approaches of Professor A.V. Naumov towards evaluation of the institution of criminal liability of legal entities and options for introduction of such liability in the Russian Federation.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122768992","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":"A CRIMINAL LAW ROMANTIC: IN MEMORY OF PROFESSOR HE BINSUN","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-4-74-80","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-4-74-80","url":null,"abstract":"The article is dedicated to the memory of famous Chinese scientist, specialist in criminal law, professor He Binsun whose works have been published in many countries including Russia. The article gives short data about He Binsun's life, his research works and the international forum Crime and Criminal Law in the Epoch of Globalization established on his initiative; the historical mission of the forum as set by He Binsun is facilitation of the global criminal law reform and distribution of legality for protection of human rights. The author gives brief information about nine sessions of this forum prepared by professor He Binsun and held under his guidance in 2009 to 2017. The publication offers a summary of the main ideas articulated by He Binsun in his speeches at the forum sessions.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129760014","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":"PECULIARITIES OF CRIMINAL ACTIVITIES OF MEMBERS OF ELECTORAL COMMISSIONS INVOLVING FABRICATION OF VOTING RESULTS AND/OR ELECTORAL DOCUMENTS","authors":"O. Antonov","doi":"10.18572/1812-3783-2019-3-33-36","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-3-33-36","url":null,"abstract":"В статье описаны действия, совершаемые членами избирательных комиссий в целях фальсификации итогов голосования и/или избирательных документов. На примере следственно-судебной практики показаны варианты их взаимосвязей в целях подготовки, совершения или сокрытия преступлений. Обоснован вывод о том, что рассмотренные особенности преступной деятельности могут служить основой для разработки криминалистической методики расследования указанных преступлений. Ключевые слова: выборы, избирательная кампания, избирательные комиссии, избирательные документы, итоги голосования, фальсификация, электоральные преступления.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124039394","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 OF LEGAL ENTITIES IN THE CZECH REPUBLIC","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-3-74-80","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-3-74-80","url":null,"abstract":"The article is devoted to the issues of legislative establishment of criminal liability of legal entities in the Czech Republic including definition of a legal entity as a subject of crime and criminal liability, conditions under which a crime is considered committed by a legal entity. Special attention is paid to an analysis of the special comprehensive Law of December 6, 2011, On Criminal Liability of Legal Entities and Procedural Actions in Respect Thereof and criminal punishments stipulated by this law for legal entities including: cancellation of registration (liquidation) of a legal entity; property seizure; money fine; seizure of a specific object; prohibition of activities; prohibition of participation in state contracts, non-admission to concession procedures and state procurements; prohibition of receipt of any government allowance or subsidy; judgment publication in state mass media. Injunctive remedies taken in respect of legal entities are reviewed.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122643810","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":"The Criminal Liability of Legal Entities in the Former Yugoslav Territory","authors":"A. Fedorov","doi":"10.18572/1812-3783-2018-11-69-76","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-11-69-76","url":null,"abstract":"The article is dedicated to review of laws of countries of the so-called Yugoslav criminal law group, which originated in the former Yugoslav territory. The article describes the concept of the former Yugoslav territory as the territory of the former Socialist Federal Republic of Yugoslavia (SFRY), consisting of 10 entities: the former Yugoslav Republic of Macedonia, the Republic of Serbia, the Republic of Slovenia, the Republic of Croatia, the Republic of Montenegro, the State of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, the Republic of Srpska, the Brčko District of Bosnia and Herzegovina and the partially recognized Republic of Kosovo, each of which has adopted its own criminal laws. The mentioned states follow the SFRY criminal law traditions to a greater or lesser extent, which largely ensures similarity of criminal laws of these states and gives a possibility to unite them in the Yugoslav criminal law group. All of the states recognize the criminal liability of legal entities. The author points out the common historical, international and political roots of such liability; reviews options of establishment of liability of legal entities by inclusion of the corresponding provisions in the national criminal codes or adoption of specific criminal laws on liability of legal entities as well as statutory resolutions making it possible to consider a legal entity as a criminal liability subject; gives a scope of legal entities, which cannot be brought to criminal liability; emphasizes the differences in the determination of crimes, which can lead to bringing legal entities to criminal liability; notes that in some countries of the reviewed group legal entities may be brought to criminal liability only for specifically indicated crimes while other countries have no such limitation; analyzes the bases of liability of legal entities stipulated by criminal laws and the models of criminal liability of legal entities implemented in the states of the Yugoslav group: an identification model and an extended identification model; states application of articles of the general parts of national criminal codes for bringing of legal entities to criminal liability.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125821548","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":"The Kosovan Option of the Criminal Liability of Legal Entities","authors":"A. Fedorov","doi":"10.18572/1812-3783-2018-10-75-80","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-10-75-80","url":null,"abstract":"The article is dedicated to a review of the laws on criminal liability of legal entities of a partially recognized state, the Republic of Kosovo. Its main acts are the Criminal Code of the Republic of Kosovo, the special Law on the Liability of Legal Entities for Criminal Offenses and the Criminal Procedure Code of the Republic of Kosovo, which came into force on January 1, 2013. The publication reviews statutory resolutions allowing considering a legal entity a criminal liability subject; pays attention to the fact that legal entities in the Republic of Kosovo may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Kosovo, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, property forfeiture; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes the criminal procedure peculiarities of bringing legal entities to liability.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123971022","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":"The Criminal Liability of Legal Entities under the Laws of Bosnia and Herzegovina","authors":"A. Fedorov","doi":"10.18572/1812-3783-2018-9-73-78","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-9-73-78","url":null,"abstract":"The article is dedicated to a review of the laws of Bosnia and Herzegovina on the criminal liability of legal entities. The article reviews the criminal law system of Bosnia and Herzegovina, which includes among other laws the four criminal codes: the Criminal Code of Bosnia and Herzegovina; the Criminal Code of the Federation of Bosnia and Herzegovina; the Criminal Code of the Republic of Srpska and the Criminal Code of the Brčko District. The author analyzes provisions of the criminal laws of Bosnia and Herzegovina on the criminal liability of legal entities. The author notes that pursuant to such provisions, legal entities are acknowledged as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; underlines that legal entities in Bosnia and Herzegovina can be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws. The publication reviews the grounds and conditions for the criminal liability of legal entities; the model of the criminal liability of legal entities; the criminal sanctions imposed on legal entities and the applied security measures. It is noted that the criminal codes in effect in Bosnia and Herzegovina make a distinction between the punishment measures, security measures, seizure of proceeds of crime and legal consequences of conviction of a legal entity.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123752257","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 of Legal Entities under the Laws of the Republic of Montenegro","authors":"A. Fedorov","doi":"10.18572/1812-3783-2018-7-69-76","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-7-69-76","url":null,"abstract":"The article is dedicated to review of the laws of the Republic of Montenegro on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2006, the Criminal Code of the Republic of Montenegro and the Criminal Procedure Code of the Republic of Montenegro. The publication reviews statutory resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of persons who can be brought to criminal liability; pays attention to the fact that legal entities in the Republic of Montenegro may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Montenegro, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, forfeiture and sentence publication; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes criminal procedure peculiarities of bringing legal entities to liability including broad discretionary powers of a prosecutor in resolution of issues on bringing legal entities to criminal liability","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124752061","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 of Legal Entities under the Laws of the Republic of Croatia","authors":"A. Fedorov","doi":"10.18572/1812-3783-2018-6-76-80","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-6-76-80","url":null,"abstract":"The article is dedicated to review of the laws of the Republic of Croatia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2003, the Criminal Code of the Republic of Croatia and the Criminal Procedure Code of the Republic of Croatia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Croatia for any acts defined by the law as crimes; considers criminal punishments (sanctions) applicable to legal entities: fi ne and legal entity liquidation; reviews the possibility of imposition of a conditional sentence on a legal entity; reviews the security measures applicable to legal entities, including: professional prohibitions (prohibitions to perform specific activities or transactions), prohibitions to perform transactions using national or local budgetary funds, prohibitions to receive licenses, permissions, subventions or concessions provided by national bodies; sentence publication and forfeiture.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124670697","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}