Science Of Criminal Law Research Articles

Main Directions and the Research Potential of Criminal Law Sciences in Baikal State University

The article is devoted to the state of criminal law science in Baikal State University, as an interim result of the development and growth of law education at this University in the previous 30 years. The anniversary makes it necessary to turn to the background of the formation of a major scientific school within the University, as well as to assess both the prospects and the key vector of its further development. It is stressed that the scientific work of the lecturers from the Chair of Criminal Law and Criminology, Chair of Criminal Procedure and Prosecutorial Supervision, Chair of Criminalistics, Forensic Examination and Legal Psychology is aimed, in the strategic sense, at solving the urgent problems in the spheres of criminology, support of criminal proceedings, solving and investigating crimes, execution of punishments both in Russia as a whole and in our region in particular, on the basis of research and the implementation of obtained results.

Studi Kebijakan Penanggulangan Kejahatan Cyber Crime dan Pencemaran Nama Baik di Ruang Siber (Kasus Direktorat Kriminal Khusus Subdit V Cyber Crime Polda Sumatera Utara)

Criminal policy represents the rational strategy of society in addressing criminal activities. Criminal law policy is a subfield of criminal law science that focuses on crime prevention. In Indonesia, the government has enacted Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law) to regulate the use of information technology and social media, aiming to maintain justice, public order, and legal certainty. Defamation refers to actions that harm an individual's reputation through spoken or written words. Article 27 paragraph (3) of the ITE Law regulates defamation. This research explores both penal and non-penal policies in addressing defamation crimes in cyberspace. A normative juridical method is employed to analyze legal solutions to this issue. Primary, secondary, and tertiary data are combined to investigate this matter. A population and sample approach is utilized to answer the research questions. This study analyzes the effectiveness of criminal and non-criminal policies in dealing with online defamation, providing crucial insights for future regulatory enhancements.

The essence of the concept of violence in the theory of criminal law of Ukraine

Introduction. The problem of violence is traditionally one of the most relevant in domestic criminal law science. It is primarily about the problem of defining the meaning of the concept of "violence", the specifics of physical and mental (psychological) violence as objective signs of the components of violent crimes. Regarding physical violence, there are no terminological discussions in domestic legal science, in contrastto mental/psychological violence. It should be noted that both in the normative legalacts of Ukraine and in jurisprudence, both concepts of "mental violence" and"psychological violence" are found equally, so for the purposes of this article, we willuse both concepts. Violence is one of the most dangerous elements of violation of human rights, the provision of which in any legal social state is a priority direction of state policy. The aim of the article is to determine the essence of the concept of violence in the theory of criminal law of Ukraine. Conclusions. from the standpoint of social naturalism and a normative approach to a broad interpretation of the concept of violence, it is proposed to understand violence as both a physical and a psychological impact on the victim. The opposite approach, according to which violence is identified exclusively with physical impact on another person, is based on positivism and does not take into account the dualistic nature of this phenomenon. The main types of violence are physical and psychological. Objective and subjective signs of violence are singled out: this is illegal behavior that manifests itself in the external environment and is expressed in specific conscious acts of human activity; targeting another person's body; the presence of a specific addressee (the victim - in the case of direct violence, or his relatives - in the case of indirect violence); can take place both against and against the will of another person (victim);the intentional character of the person's behavior; the ability to influence the unconscious and cause physical, moral, property damage to another person; the presence of a goal to cause harm to another person of a certain nature. Key words: violence, aggression, physical violence, psychological violence,economic violence, sexual violence, mobbing, bullying, coercion, harm, influence, responsibility, inviolability, types of violence.

On the role of the institution of categorization of criminal offenses in combating crime

The theoretical and practical aspects of the importance of the institute of categorization of criminal offenses in the Republic of Kazakhstan in combating crime are considered. The authors analyzed the modern legal understanding and law enforcement of the institute of categorization of criminal offenses from the point of view of criminal legislation and the science of criminal law. The authors presented a number of novelties and recommendations for further improvement of law enforcement activities in the current criminal legislation of the Republic of Kazakhstan. The difficulty for legal users lies, for example, in the fact that there are separate articles consisting of several parts, part of one article of which can be attributed to four different categories of crimes (for example, articles 120, 121, 122 of the Criminal Code refer simultaneously to crimes of medium, severe, especially grave severity; article 143 of the Criminal Code is less serious, grave means crimes of medium gravity, grave; Article 367 of the Criminal Code means all four categories of crimes at the same time: Part 1-less serious, part 2-medium gravity, part 3-serious crimes, etc.). This issue deserves detailed independent research and understanding. As a positive example, we will cite the legal technique used in Article 7-1 of the former Criminal Code of the Kazakh SSR “the concept of a grave crime”. The legislator of that period clearly defined the concept of a serious crime, since he compiled a list of all serious crimes falling under this category. This made it easier for law enforcement agencies to manage events in the process of work and to give the right qualifications for certain crimes committed, which, in turn, means the correct imposition of punishment.

Place of forgery of documents in the system of encroachments on document circulation under the criminal law of Ukraine

The dynamism of criminal legislation, the inconsistency of its provisions with each other and with the provisions of regulatory legislation, present the science of criminal law with the task of systematizing relevant material, classifying normative provisions on the basis of objective criteria, finding gaps and excesses in legal regulation, collisions and unjustified competition, and developing proposals for improvement of the state of legal protection of a certain object against criminal and illegal encroachments. At the same time, it should also be borne in mind that document circulation as an object of criminal law protection has not found its separate reflection in the system of the Special Part of the Criminal Code of Ukraine and is protected by the norms on criminal offenses that encroach on completely different generic objects. This makes it difficult to have a systematic idea of the place of criminal offenses related to forgery of documents in this system. The science of criminal law has in its arsenal deep and thorough studies of both the system of encroachments on the document circulation itself and certain problems of the criminal law regulation of certain types of document forgery. At the same time, the development of social relations, the appearance of specific types of documents, the introduction of changes and additions to the Criminal Code of Ukraine, does not allow to conclude that the problem of determining the place of forgery of documents in the system of encroachments on document circulation under the Criminal Code of Ukraine is finally resolved. The article puts forward and substantiates a hypothesis regarding the system of types of encroachments on the document circulation and determining, on the basis of objective criteria, the place in it of a group of criminal offenses related to forgery of documents. Forgery of documents is a set of criminal offenses aimed at the appearance in objective reality of a false document. In this way, it differs from the illegal handling of real or forged documents, which also interferes with the circulation of documents.

The Evolution of the Institution of Error in the Criminal Law of Russia

Relevance. An analysis of the legal literature shows that when defining an error in criminal law, lawyers use different conceptual categories, which confuses the understanding and qualification of a legal or factual error. In this connection, the article considers the genesis of the institution of error in the criminal law of Russia, in particular, the classical approach to understanding, defining and systematizing errors, fixing the position that the only basis for criminal liability is the commission of an act that contains signs of all elements of a crime. In the article, the problem of an error in the current criminal law of the Russian Federation is revealed from the standpoint of the need to establish the internal attitude of the subject both to actions (inaction) and to the consequences in real life, to each legally significant objective sign of a particular act.The purpose of the study is to analyze the improvement of the institution of error in the criminal law of the Russian Federation.Objectives: to analyze the special historical and modern literature on the genesis of errors in domestic criminal law and, based on the current law, the achievements of the domestic science of criminal law, to summarize the experience of defining and logic-linguistic concepts of criminal law error.Methodology. The research was based on the application of philosophical methods for studying the categories that make up the concept of a criminal law error, as well as on general scientific methods: system-structural, analysis and synthesis; specific legal, comparative legal analysis of documents, content analysis of texts, etc.The results of the study are distinguished by the theoretical and applied orientation of the genesis of the institution of error in domestic criminal law and the identification of the most complete characteristics of the concept of criminal law error. Conclusion. Based on the results of the study, it is stated that the modern understanding of the institution of error takes into account historical approaches to the considered phenomenon in Russian criminal law, is based on them and corresponds to the criminal policy of the Russian Federation.

Combating Legalization (Laundering) of Illegal Proceeds in the PRC: Criminal and Legal Aspect

The relevance of the study is due to the theoretical and real complexity of the actions that make up the "legalization (laundering) of proceeds from crime." Globalization, informatization and internationalization of public relations implies the need to go beyond interdisciplinary and domestic research on the topic of criminal law counteraction to the legalization of proceeds from crime.The purpose of the study is to identify areas for improving the provisions of domestic criminal law science, criminology and law enforcement in the field of combating money laundering based on studying the similar experience of a neighboring state - China.Objectives: to identify legal sources of criminal law counteraction to money laundering in the PRC; establish the content of the signs of the considered corpus delicti; compare the data obtained with domestic legislative and doctrinal sources; propose measures to improve the theory and practice of combating money laundering in Russia.Methodology. Dialectical, structural-functional, comparative-legal methods of scientific knowledge, methods of analysis, synthesis, induction and deduction.Results. The article reflects the results of a comparative analysis of article 191 of the PRC Criminal Code, carried out according to two criteria - a comparison of amendments to the PRC Criminal Code, a comparison of criminal law approaches to combating money laundering developed in Russia and China. The conclusion is made about an evolutionary approach to improving the mechanisms for regulating money laundering in China.Conclusions. The results obtained may be of applied importance for domestic criminal and criminological science and law enforcement practice.

Классификация видов преступных деяний, образующих неисполнение обязанностей по воспитанию несовершеннолетнего

Introduction: at the present stage of the development of criminal law science in the works of the scientists and in law enforcement sources, there are facts of mixing the concepts of «types», «forms» and «methods» in relation to the events of crimes and in the process of describing the corresponding criminal acts. This practice often leads to confusion of related categories and substitution of concepts, significantly complicating the procedure for the qualification of crimes and making it difficult to establish the actual degree and nature of their public danger. The crimes provided for in Article 156 of the Criminal Code of the Russian Federation are no exception. In this connection, it is necessary to formulate and substantiate scientifically based conclusions allowing to resolve the described problem situation.
 Research methods: carrying out the author’s large-scale generalisation of materials of investigative and judicial practice in cases of non-fulfillment of duties for the upbringing of minors connected with abuse; analysis of the provisions of the current legislation, comparison of the empirical data obtained.
 Results: the forms of committing crimes provided by article 156 of the Criminal Code of the Russian Federation are indicated; the author’s classification of the types of acts within each of the forms is presented; the statement that the specific type of committed acts is the main criterion of public danger of the crimes under consideration is substantiated.

Threat of committing a terrorist act

The article is devoted to the debatable issues of interpretation of the concept of the threat of committing a terrorist act and its signs. There is still no unity of opinion regarding the concept of threat in criminal law, its legal and factual features. This especially applies to such an important sign of a threat as its reality. Recently, in the science of criminal law, there have been opposing positions regarding whether the reality of a threat is an objective or a subjective characteristic of it.The author formulates a personal legal position regarding the definition of the concept of “threat to commit a terrorist act” and the purpose of the threat to commit a terrorist act.The article presents the classification of the forms of the objective side of a terrorist act according to such criteria as the consequence, the method of committing criminal acts, as well as the means of committing the crime (in its presence or absence):the use of weapons, which created a danger to human life and health, causing significant property damage or the occurrence of other serious consequences;the objective side of a terrorist act is the commission of an explosion, which created a danger to human life and health, causing significant property damage or the occurrence of other serious consequences;committing arson, which created a danger to human life and health, causing significant property damage or the occurrence of other serious consequences;committing other actions that created a danger to human life or health or causing significant property damage or the occurrence of other serious consequences (for example, arranging floods, disasters, accidents, collapses, damage to life support facilities, etc.).The article considers different types of goals: according to the criterion of complicated energy action with physical movements (using a weapon, committing an explosion, arson or other actions that created a danger to human life and health, causing significant property damage, the occurrence of other serious consequences) and informational or information-energy action with physical movements (demonstration of weapons, explosives, explosive devices, an object that will be set on fire, etc.) in the form of a threat.In the science of criminal law, the question of a terrorist act and various other aspects of terrorism have aroused the interest of researchers since the beginning of the 20th century. V.F. Antipenko, V.S. Batyrgareeva, Yu.V. Baulin, and V.I. Borisov, L.M. Demydova, T.A. Denisova, S.F. Denisov, O.O. Dudorov, V.P. Yemelyanov, V.S. Zelenetsky, T.B. Isaev, O.A. Kapitonova, O.O. Knyzhenko, V.A. Lipkan, O.M. Litvinov, V.V. Marchuk, I.I. Mitrofanov, S.M. Mohonchuk, A.A. Muzyka, M.F. Musayelyan, V.O. Navrotskyi, V.Ya. Nastyuk, R.S. Orlovskyi, M.I. Panov, E.O. Pysmenskyi, O.E. Radutnyi, V.Ya. Tatsii, V.P. Tykhii, S.A. Trofimov, V.I. Tyutyugin, M.I. Havronyuk, V.B. Kharchenko, V.M. Khomych, P.V. Khryapinskyi, O.O. Shamara, N.M. Yarmysh, S.S. Yatsenko, and others devoted their publications to this issue. However, despite the significant attention of scientists to the theoretical and legislative problems of terrorism, there is still a lack of a generally accepted idea about the essence of a terrorist act as a modern phenomenon, about the mandatory (defining) signs of this crime, provided for in Art. 258 of the current Criminal Code of Ukraine, and its content.

Відмінності у кримінально-правовій регламентації відповідальності за шахрайство у законодавстві деяких зарубіжних держав

Abstract. During the last decade, there has been an interest in comparative legal studies concerning the science of criminal law. A significant change in the conditions of social life and the desire to adhere to the principles accepted by the peoples of developed countries require the study of foreign experience and sometimes taking information from international law. Comparative research makes it possible to reveal and take into account other people's mistakes and achievements when solving questions about criminality and the punishment of specific acts, helps to understand the role and significance of criminal law as a tool of social regulation. Recently, comparative legal studies of norms concerning property criminal offenses have appeared in science, but they pay unjustifiably little attention to the investigation of fraud. In this article, without pretending to be an exhaustive analysis, we will focus attention on the most significant differences in the criminal law regulation of liability for fraud in the legislation of some foreign countries. No society can exist without property, which, being the economic basis, largely determines political, moral, legal, and other relations. According to the modern idea of the system of social values, the right to property is regarded as the greatest of the social benefits of an individual. Therefore, encroachments on these benefits are encroachments on personality. Fraud occupies a special place among criminal offenses against property. Even though in quantitative terms, fraudulent crimes are inferior to theft and robbery, in terms of the growth rate of the number of registered cases of fraud, this type of criminal offense is significantly ahead of other crimes against property. A feature of foreign legislation is the presence, along with the general regulation concerning liability for fraud, of an extensive system of special regulations concerning liability for fraud in financial markets, in insurance, lending, and circulation of actual objects, goods, and services.

Interaction of Investigative Agencies, Operational Bodies and Other State Authorities in the Detection and Investigation of Thefts of Motor Vehicles

Modern world is characterized by the dynamic production of automobile transport, which steadily leads to the mass motorization of population. Under these circumstances, the issues of combating the criminal auto business become an urgent problem for the society and the state as a whole. Despite the annual decrease in theft of motor vehicles disclosure, investigation and prevention of these illegal acts remains one of the priority areas for law enforcement agencies, in view of the emergence of new organized groups and modern approaches to committing and concealing crimes. Since the organization of combating crime is a complex, multifaceted and complex work, the need for coordinated work of interacting subjects is objectively obvious. The purpose of the study is to develop the scientific basis for the interaction of investigative agencies with operational bodies and other state authorities in the detection and investigation of theft of vehicles. The methodology of this research is based on a theoretical analysis of the main scientific provisions and results of scientists in the field of criminal law science who have studied the problematic aspects of the interaction between law enforcement and other bodies. This study involving the analysis of law enforcement practice showed the relevance and principles of interaction, mistakes made in the process of joint work, as well as the recommendations aimed at increasing the level of interaction and coordination in the investigation and disclosure of theft of motor vehicles.

Fraud in the modern legislation of some foreign countries

Over the past decade, the science of criminal law has become interested in comparative legal studies. A significant change in the conditions of social life and the desire to adhere to the principles accepted by the peoples of developed countries requires the study of foreign experience, and sometimes borrowings from international law.
 Comparative research makes it possible to identify and take into account other people's mistakes and achievements when solving questions about criminality and the punishment of specific acts, helps to understand the role and significance of criminal law as a tool of social regulation.
 Recently, comparative legal studies of norms on property criminal offenses have appeared in science, but they pay unjustifiably little attention to the study of fraud. In this article, without pretending to be an exhaustive analysis, we will pay attention to the most significant differences in the criminal law regulation of liability for fraud in the legislation of some foreign countries.
 No society can exist without property, which, being the economic basis, largely determines political, moral, legal and other relations. According to the modern idea of the system of social values, the right to property is regarded as the greatest of the social benefits of an individual. Therefore, encroachments on this good are, in a sense, encroachments on personality.
 Fraud occupies a special place among criminal offenses against property. Despite the fact that in quantitative terms, fraudulent offenses are inferior to theft and robbery, in terms of the growth rate of the number of registered cases of fraud, this type of criminal offense is significantly ahead of other offenses against property.
 A feature of foreign legislation is the presence, along with the general norm on liability for fraud, of an extensive system of special orders on liability for fraud on financial markets, in the field of insurance, lending, circulation of real objects, goods and services.

About the prospects of improving the title of Chapter VII of the Special part of the Criminal Code of Ukraine

The article is devoted to clarifying the prospects for improving the title of Chapter VII of the Special Part of the Criminal Code of Ukraine, which provides for responsibility for criminal offenses in the field of economic activity. The indicated problem is highlighted taking into account the achievements of criminal law science, foreign legislative experience and the provisions of the projected domestic criminal legislation.
 The advantages and disadvantages of each of the three main options (methods) of improving the Criminal Code of Ukraine in the studied part proposed in the legal literature are analyzed. The ratio of economic relations and property relations is shown. Arguments are presented in favor of setting out the title of the relevant section of the current criminal law in the following wording: "Criminal offenses against economic and financial activity".
 The inexpediency of separating an independent section entitled "Criminal offenses in the sphere of banking" in the Special Part of the Criminal Code of Ukraine is substantiated.
 On the basis of a brief analysis of the provisions of the names of the structural parts of the project of the new Criminal Code of Ukraine, devoted to economic torts, a conclusion was made about the general acceptability of the approach professed by the developers of this document. In particular, the comprehensive approach of the project developers is supported, who, taking into account the multifaceted nature of the objects of "economic" encroachments, not only refused to designate them with a single term (or phrase) such as "in the sphere of economic activity", "against the economy", etc., but also found it expedient to distinguish two independent structural units, which deal separately with criminal offenses against finances (Chapter 6.3) and criminal offenses against business order (Chapter 6.4).
 Prospects for further scientific research in the researched field are determined.

Implementation Of Restorative Justice As A Justice Law Enforcement In Indonesia

The law enforcement framework will in general save essential standards as far as satisfying equity, exclusively because of reasons of satisfying legitimate sureness. Victims in a crime, in the National Legal System, the position is not profitable. Because the victim, in the (Criminal) Judicial System, is only an accessory, not the main actor or just a witness. The type of research used by the author in compiling this research is normative legal research or library law research. It should be emphasized that restorative justice is fundamentally a concept, both about justice and due process, not a theory. Because it is the basis for the development of the judiciary, restorative justice is referred to as the philosophy of justice. So, it is possible to view restorative justice as a collection of legal procedures that primarily seek to repair (recover) the losses suffered by crime victims. In the science of criminal law, justice must try to restore the situation to how it was before the crime was committed. The situation changes when someone breaks the law. So that's where the role of law is to protect the rights of every victim of crime. Helpful equity additionally accentuates common liberties and the need to perceive the impacts of social unfairness and in basic ways review them, as opposed to just giving the culprits formal or lawful equity and casualties not getting any equity. Supportive equity likewise looks to reestablish casualties' security, individual regard, respect, and all the more significantly, a feeling of control. The helpful equity framework can be applied in the event that the lawful culture in a nation requires its execution for a specific case.

The Concept, Signs and Causes of Defects in the Sanctions of Criminal Law Norms in the Criminal Code of the Russian Federation

A study of defects in criminal sanctions as an actual legal phenomenon has been conducted. The author analyzes the defects of criminal sanctions of the current criminal legislation of the Russian Federation from the point of view of philosophy, theory of law, programming. The causes of defects in the sanctions of the norms of the Special part of the Criminal Code of the Russian Federation are revealed. Distinctive signs of defects in the sanctions of criminal law norms are highlighted, allowing them to be distinguished from other inaccuracies of legislative structures. Based on the identified features, the author forms definitions of the defect and inaccuracy of the criminal sanction, and also provides their classification. The conclusions obtained have scientific novelty and practical significance, since they contribute to the improvement of criminal legislation and the development of the science of criminal law.

СУТНІСТЬ, МЕТА І ЗНАЧЕННЯ ЗАХОДІВ ДИСЦИПЛІНАРНОГО ВПЛИВУ, ЩО ЗАСТОСОВУЮТЬСЯ ДО НЕПОВНОЛІТНІХ ОСІБ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ

The article is devoted to the study of various approaches to understanding the essence, purpose and significance of the disciplinary impact measures common in the science of criminal executive law. The author considers the scientific positions of both Soviet and modern Ukrainian researchers on the given problem. The author emphasizes that the legislator does not outline the essence and significance of the disciplinary impact measures, but only partially formulates their purpose, denoting that the objectives of the criminal executive legislation of Ukraine are to determine the procedure for applying influence measures to convicted persons for the purpose of correcting and preventing antisocial behavior (Part 2 of Article 1 of the Criminal-Executive Code of Ukraine). The article emphasizes that the system of the disciplinary impact measures, which can be applied to persons sentenced to imprisonment, is one of the means of ensuring the regime of serving the punishment, which is claimed, in particular, by such scholars as O. Dzhuzha, M. Romanov, A. Stepaniuk, S. Stefanov. Consequently, the author reveals the meaning of the regime as an established order of execution and serving of punishment, highlighting the positions of Ukrainian researchers O. Kolb and A. Stepaniuk regarding the understanding of its essence. At the same time, it is emphasized that the legislator understands the regime as one of the main means of correction and resocialization of convicts (Part 3, Article 6 of the CEC of Ukraine). The article states that the application of the disciplinary impact measures is based on a combination of the use of the method of persuasion and the method of coercion, which was pointed out, in particular, by the Soviet scholars M. Belyaev, I. Noy, M. Struchkov, Y. Tkachevsky, as well as the Ukrainian scientist A. Gel and representatives of the State Criminal-Executive Service of Ukraine. The author summarizes that the Ukrainian theoreticians of criminal executive law, namely A. Gel, S. Miroshnychenko, G. Semakov, A. Stepaniuk and I. Yakovets, summarizing the understanding of the essence expressed in legal science concerning the disciplinary impact measures, recognize them as means of stimulating convicts to obey the law. Therefore, the author states that the application of the disciplinary impact measures (that is, both incentives and sanctions) to the juveniles sentenced to imprisonment is intended to stimulate juvenile prisoners to obey the law and, therefore, to serve the purpose of correction and resocialization of the convicted, and as well as prevention of new offenses.

Predstaviteli sovetskoj nauchnoj shkoly ugolovnogo prava o kvalifikacii prestuplenij

The article names the “giants” who contributed to the science of Soviet criminal law on only one problem the problem of qualification of crimes, their brief biographic data, main works are given, and it is concluded that the Soviet school of criminal law, although it was not formalized in Soviet times, as it is done now, but, nevertheless, de facto it was a real scientific school of criminal law and the works written by representatives of this school are still in demand.

НАУКОВІ ПОГЛЯДИ М. П. ЧУБИНСЬКОГО (1871-1943) НА КЕРІВНІ ЗАСАДИ НАУКИ КРИМІНАЛЬНОГО ПРАВА ТА МОТИВУ КРИМІНАЛЬНОГО ПРАВОПОРУШЕННЯ

The scientific views of M. P. Chubynskyi regarding criminal law science and the motive of criminal offense were studied. It was determined that the research conducted by the scientist on the science of criminal law, the motives of criminal offenses and their significance for criminal law and criminal legislation definitely laid a solid foundation for conducting further scientific research on the given issue, brought the scientist to the advanced level of criminal law science, and the reasoned instructions given by him and proposals contributed to the future enrichment of the theory of criminal and legal science, ensured the improvement of domestic and foreign criminal legislation. It was found out that the study of the history of domestic criminal law science, in particular, the views of its best representatives, which M. P. Chubynskyi definitely was, served as a basis for improving legal thinking, criminal law and criminal legislation, and the practice of its application in future. The author’s position is given regarding the definition of the science of criminal law as a branch of legal science, a complex structured system of teachings, ideas, concepts, views and theories about the problematic issues of the development of the conceptual apparatus of criminal law, the law on criminal responsibility, its main criminal law institutions, categories and norms, criminal law policy of the state, criminal law aspects of crime prevention, practice of law enforcement of criminal legislation of Ukraine and prospects for its development in future, genesis of national domestic and foreign criminal law and legislation. In addition, the author’s position was given regarding the definition of the motive of a criminal offense as an internal volitional urge by the subject of a criminal offense to commit a criminally illegal act or omission provided for by the law on criminal liability. Key words: scientific views, M. P. Chubynskyi, criminal law, science of criminal law, criminal offense, motive of criminal offense.

Judges on Russia’s System of Criminal Sanctions

An empirical study of the system of criminal sanctions was conducted by interviewing judges of criminal collegiums of district and regional courts of the Russian Federation, including the chairmen of district and regional (city) courts of the Russian Federation. The article presents and analyzes the results of the judges’ survey. The results obtained demonstrate the opinion of the judicial community on the system of criminal sanctions, on the compliance of sanctions with the norms of the Special part of the Criminal Code of the Russian Federation with the principles of criminal law, as well as on non-effective types of punishment, such as arrest and the death penalty. The ways of solving some problems of the system of criminal sanctions proposed by the judicial community are analyzed. The conclusions obtained have scientific novelty and practical significance, since they contribute to the improvement of criminal legislation and the development of the science of criminal law.

CRIMINAL LIABILITY FOR SMUGGLING IN UKRAINE: SOME ISSUES OF THEORY AND PRACTICE

The article highlights certain problematic aspects related to the legal assessment of certain features of crimes provided for in Articles 201, 201-1, 305 of the Criminal Code of Ukraine. Attention has been drawn to the high level of scientific study of this issue. The content of the social danger of smuggling has been analyzed; the negative impact of the researched crimes on the relations of the market economy in Ukraine has been shown. The features of the object and the subject of the respective encroachments have also been clarified, and the special legal status of certain objects moving across the customs border of Ukraine has been emphasized. Attention has been also focused on the importance of taking into account the blanket method of describing dispositions of “contraband” prohibitions. It has been emphasized on the importance of taking into account the provisions of the Customs Code of Ukraine, as well as by-laws, which detail the procedure for moving certain items across the customs border of Ukraine, when qualifying the crimes investigated in the article. Finally, the controversy in criminal law science and the inconsistency of judicial practice in determining the moment of the end of smuggling have been demonstrated.