Criminal Law Institutions Research Articles

Environmental crime and influence of socio-economic factors on the development of punishment system

The institution of criminal punishment is a part of the statelegal mechanism of coercive influence on the population to stimulate lawabiding behavior and prevent law violation. The history of Russian criminal law contains more than a thousand years of experience in consolidating this institution of criminal law. At different stages of state development, the system of punishments and other measures of a criminal law nature had significant differences due to various socio-economic, political, historical and other factors. Structural analysis of punishment system of Russian state at different stages of its existence indicates that socio-economic factors affecting the state structure and state policy have a huge impact, both on the construction of punishment system and on its direct implementation. In particular, technological development of society, development of transport system, the need for cheap labor during construction, the general level of development of social relations led to the inclusion of new types of punishments in the legislation or changes in those acting under specific socio-economic conditions (reference to remote settlements, use of forced labor prisoners during construction, etc.).

Economization of the criminal law branch: problem formulation directions of optimization

The need for legislative clarification, and, in some cases, for the consolidation of those institutions of criminal law in conjunction with criminal executive legislation, which are aimed at optimizing the current financial costs in connection with the implementation of criminal law, becomes obvious against the background of the desire for a general humanization of criminal policy and the economic crisis observed not only in Russia, but at the international level. Currently, a theoretical and methodological substantiation of the economization of the criminal law branch including the development of methods, principles, tools for state costs reduction at all stages of criminal prosecution, including using the organizational and economic mechanism of the penal system is required. The cost of the criminal law mechanism is due to the need, on the one hand, to ensure the rights of persons who have committed a crime, on the other hand, to protect the victims and minimize the consequences of the harm caused. The purpose hereof is to identify the internal reserves of individual institutions of criminal and penal legislation to determine new areas of optimization of savings in the criminal law branch by reducing the costs of criminal prosecution, on the one hand, and increasing budgetary profitability in the implementation of criminal legal institutions of a property nature, on the other hand. The work uses general scientific, specific scientific and special methods traditional for theoretical and applied legal research – the method of comparative jurisprudence, law interpretation method, systemic-structural method, statistical method, correlation method, content analysis of scientific publications, various types of extrapolation, etc. The novelty of the scientific research lies in a fundamentally new approach to the assessment of criminal law in conjunction with criminal executive legislation to find optimal solutions aimed at increasing the profitability of criminal law institutions and finding mechanisms for material support for victims.

Structural analysis of corpus of the lawful infliction of harm to the environment under circumstances precluding criminality

One of the institutions of criminal law, which is of undoubted interest among forensic scientists, are the circumstances precluding the criminality of an act. This interest is due to the controversy of certain legislative provisions, entailing the prosecution of persons acting under the conditions of the legality of these circumstances. When characterizing the circumstances precluding the criminality of an act, included in Ch. 8 of the Criminal Code of the Russian Federation, the law enforcement officer always proceeds from the assessment of the harm already caused to the interests protected by law and on the compliance of the harm with the conditions enshrined in the law. Acts committed in a state of circumstances precluding criminality are legally significant, since the law associates the emergence of two types of legal relations with these circumstances. In the first case, circumstances change the criminal-legal nature of the act and transfer it to the category of unpunished, despite causing harm. In the second, in the presence of circumstances in conditions of violation of the legality of an action (inaction), the harm caused is qualified as a crime. This necessitates a criminal-legal assessment of the harm caused from the standpoint of the theory of corpus delicti. At the same time, the substantiation of the legality of the actions of a person under the conditions of the circumstances precluding the criminality of an act is established by identifying in his action the signs of the corpus of lawful infliction of harm. The need for a structural analysis of the composition of the lawful infliction of harm is primarily due to the need to distinguish between certain types of circumstances that exclude crime, in order to correctly qualify the committed acts and prevent unjustified criminal prosecution for its infliction. The corpus of the lawful infliction of harm should be considered by highlighting the objective and subjective signs of the circumstances precluding the criminality of an act by analyzing the object, objective side, subject and subjective side of an act.

Особенности развития института крайней необходимости в уголовном праве России

The article considers the process of formation and development of the extreme necessity institution in the system of domestic legislation. The author analyzes the conditions determining the introduction of circumstances that exclude the criminality of an act into the structure of Russian criminal law, and studies the paradigms of extreme necessity modernization, scientific views on its legal nature, their influence on the isolation of circumstances that exclude the criminality of an act in the mechanism of regulating public relations. The article summarizes the theoretical judgments about the nature of the extreme necessity institution, the legally significant properties and features specific to extreme necessity in different historical periods, as well as its inherent conceptual and terminological apparatus. The author systematizes the grounds for limiting extreme necessity from related institutions of criminal law, which justifies its place in the system of circumstances that exclude the criminality of an act, and investigates the mechanism of legal regulation of extreme necessity conditions legality, as well as the consequences of its limits violation. The article presents unified rules for the assessment and ratio of the harm caused in the state of extremity. The problems of legal regulation of extreme necessity at the present stage of its development are identified, and ways to eliminate some shortcomings are proposed. In conclusion the author actualizes the need to create a mechanism for assessing the extreme necessity acts legality, and identifies other promising areas of research activity in the field of extreme necessity legal regulation.

Criminal Legal Support for Safeguarding the Citizens’ Digital Rights

The article discusses the active introduction of technologies based on the use of artificial intelligence, the activities of which entail the storage, transmission and processing of information circulating in information and telecommunication devices, their systems and networks. The article indicates that the amount of computing power of artificial intelligence technologies can significantly change the foundations of the functioning of information legal relations and, accordingly, the procedure and conditions for the implementation of digital rights of citizens. The inevitability of computer attacks on automated information systems using artificial intelligence, as well as the possibility of its misuse, create significant criminological risks of unauthorized access and use of citizens' digital rights by subjects through these technologies. The article examines the criminal law support for the protection of digital rights of citizens as a priority direction in the development of theory and practice of the application of criminal law institutions in the global, national and regional dimensions. The initial theses formulated in this study can be used in the future when building state policy and developing legal regulation of relations in the context of industrialization and digitalization.

Komandna odgovornost

As a part of the presentation in this paper, we will deal with one of a number of specific characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.

Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.

Understanding Exemption from Criminal Liability through the Prism of Social Justice

In the article the author investigates features of philosophical and legal preconditions of exemption from criminal liability. The author defines that the problems of criminal liability and exemption from it is one of the central and at the same time the most complex institutions of criminal law. The author argues that the pre-revolutionary period was characterized by a significant number of circumstances that exempted from criminal liability, due to the consequences of political, economic and social transformations in the world, the rise of human will and importance, its capabilities for the state. The author emphasizes that when resorting to the term «criminal liability», the domestic legislator means, first of all, the imposition on the person who committed the crime, the burden of coercive measures of punitive content. The author argues that it is expedient to consider criminal liability in a positive sense, as the obligation of a criminally responsible entity not to commit violations of the prohibitions established by the Criminal Code. That is, criminal liability, in the first place, should serve as a warning aimed at the person who intends to commit the crime. The author argues that if a person did not have the conditions for normal life and development for social reasons, then society and the state have no right to blame him only because they initially undertook to give him such conditions. The author argues that in a state governed by the rule of law, when addressing the implementation of criminal liability, special attention is paid to the intersectoral institution of exemption from criminal liability as a compromise in restoring social justice and encouraging law-abiding behavior. The author states that the unconditional nature of exemption from criminal liability undermines the essence of the institution of criminal liability in general, as exemption from criminal liability is carried out on non-rehabilitative grounds. In this regard, the released person who has committed a crime must, in order to maintain a balance of social justice, feel in some way the influence of the state in order to realize his guilt and really take the path of correction. The author proposes to apply such restrictions to the social balance of such a person as strengthening the supervision of law enforcement agencies, restrictions on certain rights.

Evolution of Scientific Ideas on Responsibility for Aiding and Abetting a Crime

Introduction. The study of the history of complicity is often carried out outside the context of the general history of criminal law, in this connection, one can find a very arbitrary approach to solving the question of the periodization of the normative history of complicity, which clearly does not contribute to the formation of general and correct ideas about the development of the corresponding criminal legal structure. The history of criminal law provisions on liability for complicity in the commission of a crime makes it possible to better understand the current state of this criminal law institution. In modern science, a typical method of analysis is to study only legal monuments that to some extent reflect the normative ideas about complicity in various historical epochs. In this case, neither available sources from judicial practice nor the provisions of criminal law doctrine are taken into account. This approach to the organization of research is not only incomplete, but also significantly distorts the very principle of historical and legal analysis. Purpose. The purpose of the study is to provide a comprehensive analysis of the evolution of scientific concepts of responsibility for aiding and abetting a crime, which will prevent an arbitrary approach to the issue of periodization of the normative history of aiding and abetting. Methodology. Various general scientific and special methods of cognition were used in this study. At the same time, the historical and legal method became the key one. Results. The study of the main models of criminal law assessment of complicity allows us to make important clarifications and additions to the existing scientific understanding of the genesis of this criminal law structure. First, it allows us to challenge the very categorical ideas formulated in science about the history of complicity, as a gradual transition from “less perfect” and “incorrect” legislative formulations to “more perfect” and “correct” ones. Second, the study calls into question the thesis about the linear development of criminal law science and practice in terms of assessing complicity in the “Soviet” and “pre-Soviet” period, that the development of complicity in the Soviet era followed the path developed by pre-revolutionary theory and practice. Third, the study proves that at all stages of the development of criminal law, the theoretical and normative understanding of complicity assumed the presence of at least two opposite models. Each alternative model assumed, due to the system properties of criminal law, a specific construction of other criminal legal institutions and norms (involvement, forms of complicity, crimes against public safety, stages of crime, rules for sentencing, etc.). Conclusion. The study of the main models of criminal-legal assessment of complicity presented in the history of domestic legislation and legal doctrine allows us to make important clarifications and additions to the existing scientific ideas about the genesis of this criminal-legal structure.

Уголовная ответственность за преступления, связанные с незаконным оборотом наркотических средств и психотропных веществ: состояние и перспективы

The purpose of the work is to assess the state of the criminal legislation on responsibility for crimes related to the illegal circulation of narcotic drugs and psychotropic substances. The subject of the research was criminal legislation, judicial practice and doctrinal sources. Methodology: the author used general scientific research methods, as well as a special legal formal dogmatic method. Conclusions: the author of the study, defining the current state of affairs in the field of criminal law combating illicit trafficking in narcotic drugs, psychotropic substances and their analogues in our country, notes the inconsistency and illogicality of the work of criminal law institutions in establishing responsibility for some crimes in this area, and also draws attention to the fact that the determinants of such a problem originate in an insufficiently objective assessment by the legislator of the current state of affairs. Scientific and practical significance: the necessity of taking measures aimed at differentiating the provisions of criminal legislation in this area, as well as introducing such a concept as «illegal drug business» into the current legislation is substantiated.

Ways to improve provisions of the stages of committing a crime and voluntary refusal

The article analyzes the draft of the new Criminal Code (hereinafter – the Draft), which was prepared by the working group on the development of criminal law within the Commission on Legal Reform, established by Presidential Decree No 584/2019 of 07.08.2019. The research is focused on the provisions of unconsummated crime and voluntary refusal in case of unconsummated crime, stipulated by section 2.4 of the Draft. It is established that these provisions do not fully comply with the principle of legal certainty, which is stipulated by Art. 1.2.3 of the Draft.The arguments provided in favor of the fact that the provisions of voluntary refusal in case of unconsummated crime (Article 2.4.4 of the Draft) and voluntary refusal in case of unconsummated crime committed in complicity (Article 2.4.5 of the Draft) should not be stipulated by section 2.4, which is called «Unconsummated Crime». The conclusion is proven that the provisions of voluntary refusal should be stipulated by a separate section of the General Part of the Criminal Code. This conclusion is made from the fact that these provisions have only their inherent legal nature, which is different from the legal nature of the provisions of the unconsummated crime. In addition, these provisions have the characteristics of an independent institution of criminal law. In this regard, the provisions of voluntary refusal may claim some separation in the system of criminal law. It is proposed to place the provisions of voluntary refusal in a separate section of the General Part of the Draft after the provisions of unconsummated crime and after the provisions of complicity in crime.Attention is drawn to the conceptual incompatibility of the concepts of «unconsummated crime» and «stages of committing a crime». The term «unconsummated crime» logically corresponds to the French legal system, while the «stage of committing a crime» – to the German. Simultaneous use of them in the Criminal Code causes contradictions in the interpretation of criminal-legislative provisions.It is proposed to eliminate this contradiction by choosing the French or German legal system by the developers of the Draft, which will then become a fundamental basis for developing conceptually agreed provisions.

Execution of a Sentence – an Independent Stage of Criminal Proceedings

The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution of a sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features. Key words: execution of a sentence; stage of criminal procedure; subjects of execution of a sentence; criminal justice; criminal proceedings.

Жамоат хавфсизлигини таъминлашда қилмишнинг жиноят эканлигини истисно этувчи айрим масалалар таҳлили

This article examines the practice of law enforcement agencies of the Republic of Uzbekistan on the use of force in the prevention and suppression of offenses, in particular the use and use of firearms. In addition, law enforcement agencies strengthen the basic provisions of the institution of criminal law in cases that exclude the crime of an act.

ISSUES OF POSSIBILITY OF EXEMPTION FROM CRIMINAL RESPONSIBILITY IN THE CONTEXT OF THE «MINSK AGREEMENTS»

The article discusses the possibility of adopting a law on preventing the prosecution and punishment of persons in connection with events that took place in certain areas of the Donetsk and Luhansk regions of Ukraine, provided for by the provisions in article 6 of the Minsk Protocol. The article analyzes the provisions of the criminal legislation of Ukraine, the Constitution of Ukraine, as well as other domestic normative legal acts. The article describes the fact that the purpose of the law on prevention of persecution and punishment of persons in connection with events that took place in certain areas of the Donetsk and Luhansk regions does not correspond to the principles of the Constitution. The criminal legislation separately analyzed certain institutions of criminal law elements of the corpus delict. It was found out which persons are subject to the concept of subjects of crime and made a certain conclusion regarding the release of persons involved in the events that took place in certain areas of the Donetsk and Luhansk regions. Also, the Institute of criminal law as an exemption from criminal liability was considered, and the types of crimes for which it is impossible to deprive of responsibility were clarified. Mandatory for the analysis of the Institute was to determine the range of crimes that were committed by persons who were involved in events that took place in certain areas of the Donetsk and Luhansk regions. Another institute of criminal law that was analyzed was the institute of amnesty and clemency. The article revealed the General principles for granting pardons and amnesties. It also identified entities that have the ability to apply amnesty and clemency to persons who have committed a crime. A number of international legal acts in the field of international humanitarian law were analyzed. Shortcomings and conflicts in the existing legal acts regulating relations in this sphere are revealed. The article offers a number of solutions to such problems. Besides, a number of legislative changes are proposed to overcome conflicts. Possible ways of implementing the Minsk Protocol that are not related to the adoption of a separate law are considered.

MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.

Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

Exemption from criminal liability as an alternative to criminal prosecution

This article is researching an institution of exemption from criminal liability as an alternative to criminal prosecution on the basis of current criminal procedure legislation, scientific researches and judicial practice. It was found that some researchers of exemption from criminal liability refer it to the forms of criminal liability, consider exemption from criminal liability as an institution of criminal law that differentiates liability; a radical means of differentiating a criminal liability; a legal fact that terminates a criminal legal relationship, which exempts a person from adverse legal consequences, etc. Having analysed the positions of foreign and domestic scholars, it can be concluded that the norms which provide for exemption from criminal liability should be considered as «an alternative to criminal prosecution». Exemption from criminal liability is provided for in the criminal law due to the fact that in some cases there is no point in subjecting a particular person to criminal liability, as criminal liability, being lawful, is considered as an inexpedient one. The state responds to a criminal act not leaving it without consequences, but reacts in another, «alternative» form, reaching a justified legal compromise in such cases. It is proved that the institution of exemption from criminal liability is implementing a desire of the state to effectively and rationally fight against crime without punishment and in general without a guilty verdict (conviction). This institution is simultaneously implementing the principles of economy of criminal repression, humanism and individualization of liability. Thus, the legislator has provided an alternative to criminal prosecution in the relevant provisions of the Criminal Procedure Code and the Criminal Code. This alternative in certain cases includes a compromise – a person who first time committed a criminal offense or negligent minor offence, except for corruption offenses, is being exempted from criminal liability if this person: has sincerely repented after commitment of offence, has actively contributed to the disclosure of the criminal offense and has fully reimbursed the damage caused by it or has eliminated the damage (Article 45 of the Criminal Code); has reconciled with the victim and has reimbursed the damage caused by such a person or has eliminated the damage (Article 46 of the Criminal Code); when transferring on parole to the staff of the enterprise, institution or organization within a year from the date of parole such person will justify the trust of the staff, will not evade educational measures and will not violate a public order (Article 47 of the Criminal Code). Key words: alternative, liability, exemption, compromise, punishment.

Issues of Regulation and Application of the Criminal Law Norm providing for Responsibility for Occupying the Highest Position in the Criminal Hierarchy (Article 210.1 of the Criminal Code of the Russian Federation)

The paper is devoted to a detailed analysis of article 210.1 "Occupation of the highest position in the criminal hierarchy", which was introduced in the Criminal Code of the Russian Federation by Federal law No. 46-FZ of 01.04.2019. The authors considered the construction of this norm from the point of view of the elements of the crime and the coordination of these features with the provisions of the General part of the Criminal Code of the Russian Federation. As a result of a systematic study of the norms of the Russian criminal law, comparison with foreign experience (Georgia), and analysis of law enforcement practice, the discrepancy between the new criminal law norm and the provisions of certain institutions of criminal law was revealed. In particular, the content of article 210.1 contradicts certain principles of the criminal law (articles 6, 7 of the Criminal Code), the basis of criminal liability (article 8 of the Criminal Code), the norms of the Institute of preparation for a crime (part 1 of article 30 of the Criminal Code), as well as the goals of criminal punishment (part 2 of article 43 of the Criminal Code). To eliminate the identified shortcomings, the authors propose to include in the disposition of article 210.1 of the Criminal Code of the Russian Federation an act in the form of using the highest position in the criminal hierarchy. The proposed changes (including an act in the form of "use of the position») make it possible to prosecute persons both permanently and temporarily performing the functions of such persons, to leave outside the scope of its application persons who fully walked away from crime and not in any way affect criminal damage. They will allow you to bring the rule into compliance with the traditional understanding of the offense and those provisions of the General part of the Criminal Code, in which the regulated norms in the current edition are not made consistent.

Problems of protection of human rights in criminal procedure under the conditions of pandemic

The object of this research is the relations on protection of human rights in criminal procedure justice in under the conditions of pandemic. The subject of this research is analysis of the activity of law enforcement and judicial systems in the country’s current situation. The proliferation of coronavirus infection in the Russian Federation generated pervasive problems in this area. Recommendations contained in the Decisions of the Presidium of the Supreme Court and the Presidium of the Council of Judges of the Russian Federation of March 18, 2020 and April 8, 2020 did not clarify the law enforcement practice, which led to ambiguity in the interpretation of certain provisions of these documents. The situation that formed in the country as a result of COVID-19 pandemic requires rationalization of a number of issues on the protection of human rights in nonstandard conditions of the work of judicial and law enforcement systems. Information from the open sources published on the Internet served as the foundation for this research. The conducted analysis is valuable for understanding the current situation, as well as for making appropriate decisions that are instrumental for the future. Based on the acquired results, the makes recommendations aimed at improvement of separate institutions of criminal law and criminal procedure law, namely Institution of the statute of limitations, institution of the suspension of proceedings in a criminal case. The scientific novelty consists in the exact wording of indicated recommendations on amending the current criminal procedure legislation.

Starea de hipnoză în dreptul penal substanțial al Republicii Moldova

This article presents the analysis of the state of hypnosis from the aspect of criminal law. At the same time, it is approached the hypnosis as the special psychological state and its tangency with the institutions of criminal law. In this study, the state of hypnosis will be analyzed under two aspects. First, we will analyze the issues related to the qualification of the crime committed against a hypnotized person. In this case, hypnosis will be seen as a method of committing the crime. Secondly, we aimed to analyze the legal-criminal classification of the state of hypnosis in case of committing the crime by a hypnotized person. Since the current criminal law lacks a precise classification of the state of hypnosis, under this aspect, there are two different opinions regarding their legal classification: the state of irresponsibility or a form of mental coercion. This issue requires an in-depth approach, for the reason that in practice, such cases are encountered more and more often, and legislative gaps, in this sense, create difficulties.