{"title":"确定强迫进行交易或拒绝进行交易的对象的理论基础(俄罗斯联邦刑法第179条)","authors":"A. Korennaya","doi":"10.14258/ralj(2022)2.5","DOIUrl":null,"url":null,"abstract":"The reform of Russian criminal law is an objective need due to a number of objective factors. Thisprocess is obviously extremely complex, requiring a deep analysis of the current legislation, the practice ofits application, as well as the position of the doctrine of criminal law. For a long time, Russian legislationwas largely based on constructions borrowed from foreign codes and laws. Currently, Russia has its ownsignificant experience in lawmaking and law enforcement. At the initial stage of improving the criminallaw, it is necessary to build its system, which will determine the model of criminal law protection of certainpublic relations. The structure of the new criminal law should be based on clearly formulated elements ofcrimes based on the analysis of the signs of the object of criminal encroachment. It is the object of the crimethat is the traditional basis of Russian criminal law. In this paper, the author studies the object of coercion tocommit a transaction and, based on the studied theoretical and practical material, comes to the conclusionthat public relations protected by Article 179 of the Criminal Code of the Russian Federation are not limitedexclusively to economic activity, but may arise in other areas, including personal, family relationships. Thisallows us to conclude that it is necessary to formulate responsibility for forcing a transaction in other chaptersof the criminal law.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THEORETICAL FOUNDATIONS FOR DETERMINING THE OBJECT OF COERCION TO COMMIT A TRANSACTION OR REFUSAL TO COMMIT IT (ARTICLE 179 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)\",\"authors\":\"A. Korennaya\",\"doi\":\"10.14258/ralj(2022)2.5\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The reform of Russian criminal law is an objective need due to a number of objective factors. Thisprocess is obviously extremely complex, requiring a deep analysis of the current legislation, the practice ofits application, as well as the position of the doctrine of criminal law. For a long time, Russian legislationwas largely based on constructions borrowed from foreign codes and laws. Currently, Russia has its ownsignificant experience in lawmaking and law enforcement. At the initial stage of improving the criminallaw, it is necessary to build its system, which will determine the model of criminal law protection of certainpublic relations. The structure of the new criminal law should be based on clearly formulated elements ofcrimes based on the analysis of the signs of the object of criminal encroachment. It is the object of the crimethat is the traditional basis of Russian criminal law. In this paper, the author studies the object of coercion tocommit a transaction and, based on the studied theoretical and practical material, comes to the conclusionthat public relations protected by Article 179 of the Criminal Code of the Russian Federation are not limitedexclusively to economic activity, but may arise in other areas, including personal, family relationships. Thisallows us to conclude that it is necessary to formulate responsibility for forcing a transaction in other chaptersof the criminal law.\",\"PeriodicalId\":236822,\"journal\":{\"name\":\"Russian-Asian Legal Journal\",\"volume\":\"26 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Russian-Asian Legal Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14258/ralj(2022)2.5\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian-Asian Legal Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14258/ralj(2022)2.5","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
THEORETICAL FOUNDATIONS FOR DETERMINING THE OBJECT OF COERCION TO COMMIT A TRANSACTION OR REFUSAL TO COMMIT IT (ARTICLE 179 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The reform of Russian criminal law is an objective need due to a number of objective factors. Thisprocess is obviously extremely complex, requiring a deep analysis of the current legislation, the practice ofits application, as well as the position of the doctrine of criminal law. For a long time, Russian legislationwas largely based on constructions borrowed from foreign codes and laws. Currently, Russia has its ownsignificant experience in lawmaking and law enforcement. At the initial stage of improving the criminallaw, it is necessary to build its system, which will determine the model of criminal law protection of certainpublic relations. The structure of the new criminal law should be based on clearly formulated elements ofcrimes based on the analysis of the signs of the object of criminal encroachment. It is the object of the crimethat is the traditional basis of Russian criminal law. In this paper, the author studies the object of coercion tocommit a transaction and, based on the studied theoretical and practical material, comes to the conclusionthat public relations protected by Article 179 of the Criminal Code of the Russian Federation are not limitedexclusively to economic activity, but may arise in other areas, including personal, family relationships. Thisallows us to conclude that it is necessary to formulate responsibility for forcing a transaction in other chaptersof the criminal law.