{"title":"On the Liability of a Special Subject for Crimes Stipulated by Articles 159-1596 of the Criminal Code of the Russian Federation","authors":"Svetlana V. Suvorova","doi":"10.18572/2072-4152-2024-1-17-21","DOIUrl":"https://doi.org/10.18572/2072-4152-2024-1-17-21","url":null,"abstract":"The article reviews characteristics of subjects of crimes stipulated by Articles 159–1596 of the Criminal Code of the Russian Federation. The author analyzes the judicial practice of the determination of the range of subjects of crimes under consideration. The paper suggests ways of improvement of criminal laws on the liability for the named criminal offenses and the practice of their application aimed at more efficient exercising of justice. The author concludes that it is reasonable to exclude the attribute of a special subject from the constituent elements of a crime stipulated by Art. 1591 of the Criminal Code of the Russian Federation for the potential qualification of actions of any persons as fraud in the financing sphere.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"45 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510266","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":"Priority Areas of the Improvement of Provisions That Regulate Procedural Costs in Criminal Proceedings","authors":"Natalya A. Vlasova, Vera S. Vlasova","doi":"10.18572/2072-4152-2024-1-13-16","DOIUrl":"https://doi.org/10.18572/2072-4152-2024-1-13-16","url":null,"abstract":"Problems of the legal regulation of the institution of legal costs in criminal proceedings are analyzed based on the study of laws, investigative and judicial practice, professional literature. The authors bring forward amendments and supplements to the Criminal Procedure Code of the Russian Federation aimed at the elimination of gaps, discrepancies and non-conformity of provisions associated with recovery of legal costs.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"75 5-6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510223","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 Problem of Execution of ECHR Judgments within the Framework of the Novelties of the Constitution of the Russian Federation","authors":"T. Alekseeva","doi":"10.18572/2072-4152-2021-3-3-7","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-3-3-7","url":null,"abstract":"This article is about the problem of execution international courts decisions in connection with the changes that were contributed to the Constitution of the Russian Federation in 2020. The author believes that the review cases in view of new circumstances in connection with the violations were established by the European Court of Human Rights of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 provisions may be significantly limited. The article states that an appeal to the European Court of Human Rights and the obligation its decisions in relation to the violating country cease to be an effective remedy.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"15 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126173486","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 the Liability for Illegal Extraction and Circulation of Amber, Nephrite or Other Semi-Precious Stones","authors":"R. Zabavko, É. V. Rogova","doi":"10.18572/2072-4152-2021-3-8-13","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-3-8-13","url":null,"abstract":"In a scientific article, the authors examined in detail the main problems arising in judicial and investigative practice associated with the application of updated editions of criminal law norms, which secure responsibility for illegal circulation and unauthorized extraction of amber, jade and other semiprecious stones (Articles 191 and 255 of the Criminal Code RF). It has been established that the practice of applying these norms, even taking into account their low prevalence and rather high latency, is extremely small. According to the official data of the Judicial Department of the Supreme Court of the Russian Federation for the year for the illegal circulation of jade, only one person was convicted of a crime under Art. 191 of the Criminal Code of the Russian Federation. According to the authors, this situation is due to a number of problems associated with the legislative presentation of the elements of the offenses provided for in Art. 191 and 255 of the Criminal Code of the Russian Federation, their inconsistency with each other, with the composition of the administrative offense under Art. 7.5 of the Code of Administrative Offenses of the Russian Federation, the lack of a unified approach to understanding the subject of these crimes, as well as the lack of effective methods for determining its size. In the conclusion, sufficiently substantiated measures are proposed to optimize criminal liability for these types of crimes.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124436696","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":"Insurance Ombudsman as an Insurance Dispute Settlement Novelty","authors":"E. A. Shergunova","doi":"10.18572/2072-4152-2021-3-25-29","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-3-25-29","url":null,"abstract":"The article analyzes the new procedure for resolving the insurance dispute between the consumer of insurance services and the insurer. The introduction of the institution of an insurance ombudsman in Russia, as an alternative stage in the pre-trial settlement of the dispute, has a some of advantages and shortcomings. The author investigated the specifics of the consideration of the dispute by the insurance ombudsman, identifying the gaps in the current legislation and proposing ways to overcome them. The results of the scientific study were as follows: It was found that the introduction of an insurance ombudsman was necessary and appropriate. The consideration of insurance disputes by the insurance ombudsman has reduced the burden of the courts and provided the consumer of insurance services with some of guarantees to protect their insurance rights. Deficiencies in the procedure for resolving a dispute by the insurance ombudsman are the following legislative gaps. Firstly, only the consumer of insurance services can initiate consideration of an insurance dispute. Secondly, the insurance ombudsman considers disputes if the insurer is included in a special register of insurers interacting with the insurance ombudsman.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125455138","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 Application of Information Technology in a Civil and Arbitration Procedure (Electronic Justice)","authors":"T. V. Yaroshenko","doi":"10.18572/2072-4152-2021-3-34-38","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-3-34-38","url":null,"abstract":"The article discusses the stages of development of informatization of the judicial system. Various points of view regarding the concept of «electronic justice» are analyzed, the basic elements of electronic justice in the civil and arbitration process are determined. The problematic issues of the implementation of the concept of e-justice are considered.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125854598","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":"On the Concept of the Subject of Corruption-Related Crimes Related to Passive and Active Bribery and Other Illegal Remuneration Types","authors":"P. Nikonov","doi":"10.18572/2072-4152-2021-3-18-24","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-3-18-24","url":null,"abstract":"To the question of the concept of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration Currently, the legal science has not yet developed a unified approach to understanding the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration. The legal content of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration is disclosed in the dispositions articles 184, 290, 204, 2005, 2007 of the criminal code of the Russian Federation, which include money, securities, other property, property services and other property rights. At the same time, it remains an open question whether old-style banknotes and coins withdrawn from circulation, but subject to exchange, counterfeit money, or other property seized or restricted in circulation can be classified as such. Based on the study and analysis of judicial practice, the article presents the author’s approach to solving this problem and suggests measures to improve the current legislation.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114246364","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":"Trial in Absentia: Speeding Up or Delaying the Procedure","authors":"Z. Magomedova, Georgiy P. Butyugov","doi":"10.18572/2072-4152-2021-3-14-17","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-3-14-17","url":null,"abstract":"The authors analyze the nature of the institution of correspondence proceedings in civil proceedings, note the problems of law enforcement, and discuss further trends in the development of correspondence proceedings.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124570157","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 Correlation Between the Concepts of Amicable Settlement and Amicable Adjustment","authors":"Kiril G. Yaminov","doi":"10.18572/2072-4152-2021-3-30-33","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-3-30-33","url":null,"abstract":"The institution of a settlement agreement has many advantages over a court decision, where the dispute is resolved by mutually agreeing terms through mutual concessions. The execution of a settlement agreement involves the voluntary fulfillment of its terms. Compulsory execution of the terms of a settlement agreement is a kind of protective boundary between the parties in the event that one of them does not comply with the conditions approved by the court. The approval of an amicable agreement significantly saves time both for the court and for the parties, and with this it is possible for the parties to maintain partnerships. Speaking about the correlation of the terms “world deal” and “amicable agreement”, it is quite important for protecting rights and legitimate interests. There are two approaches to the relationship between the terms “world deal” and “settlement”.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"497 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126723822","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":"Prosecutors’ Objections against the Special Procedure for Adoption of a Court Decision upon the Consent of the Accused with the Charge Brought against Him (a Judicial Practice Analysis)","authors":"E. Samokhina","doi":"10.18572/2072-4152-2021-2-16-21","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-2-16-21","url":null,"abstract":"The article describes the results of a judicial practice analysis of cases on application of the special procedure for adoption of a court decision upon the consent of the accused with the charge brought against him. Special attention is paid to the prosecutors’ role in the choice between a special or general judicial procedure by court.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131930475","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}