Russian Federation Criminal Code Research Articles

Digital Forensics in Modern Society: Exploring Investigations of Computer Crimes in the Context of the Russian Federation's Criminal Code

In this work, the authors raise the issue of the need to use and improve digital forensics methods in the investigation of various types of computer crimes. The goals and features of digital forensics are considered, as well as special operational-search activities are identified that are related to the specifics technical equipment and are necessary when investigating computer crimes. Almost every science has developed its own understanding of information and studied its various forms and aspects. In the 20th century, a new type of information appeared - information circulating in computers, and subsequently, in other information technology devices. However despite the fact that more than 7 decades have passed since the appearance of the first computer (we believe that the first computer can be considered the British Colossus, launched in 1943), and from the theoretical justification of developments in the field of computers and computer information even more time (the theory was laid down by Charles Babbage in 1830), even a generally accepted term that reflects the essence of this information, as well as a universal approach to the interpretation of the category under consideration. The life of modern society is difficult to imagine without the use of computer equipment, smartphones, tablets, as well as provided such devices for accessing the virtual space of the Internet, social networks, online stores, services provided remotely. However, all the advantages and advantages of the era of widespread digitalization are accompanied by the emergence of criminal activity in this new environment of human existence. This, in turn, causes the need for active research into its specifics and use of the results obtained in law enforcement. Recently it has become quite firmly established and developed as a relatively independent, but organically closely related, based and inseparable from the science of criminology, a direction called digital forensics.

International Legal Aspects of Control of Trafficking in New Psychoactive Substances

Aim. To analyze relevant provisions of the main national and international regulatory legal acts in the field of monitoring and control of new potentially dangerous substances.Tasks. To study the current legal regulation of legal and illicit trafficking of new psychoactive substances in the Russian Federation and the EAEU states. To examine new amendments in the legislation of the European Union regulating the substances traffic control and illicit traffic countering. To provide an overview of the procedures of new psychoactive substances scheduling under the International Drug Control Conventions. To formulate proposals for improving the national and international anti-drug legislation.Methods. The methods of logical and comparative legal analysis, as well as the legal prediction method have been used in this article.Results. The legislation of the EAEU countries in the field of the control of the legal and illicit trafficking of new psychoactive substances needs to be improved and harmonized. The substances scheduling procedures under the international drug control conventions in the EU and the UN are very difficult multi-stage and excessively long. The timing of adoption of new regulatory acts certainly does not correspond to the potential danger of uncontrolled trafficking of new potentially dangerous psychoactive substances for public health.Conclusion. The penalties under Art. 234.1 of the Russian Federation Criminal Code “Illicit trafficking of potentially dangerous psychoactive substances” should be toughened. The legal procedure for forming the state Register of new psychoactive substances must be changed. In the EAEU countries, it should be necessary to make agreement at the interstate level about a uniform approach to the introduction and content of criminal justice responses to the illicit trafficking of new psychoactive substances. In the EU countries and in the frame of the UN, the scheduling procedure under international drug control should be changed regarding new psychoactive substance. All such substances of this kind should be included in a Special Annex for which certain agreed control measures would be prescribed, with the possibility of subsequent expert evaluation of the potential danger of the substance to individual and public health. These established control measures in the fut ure might be toughened or reduced based on the WHO Expert Committee on Drug Dependence critical review and the Commission on Narcotic Drugs (CND) position.

On the Appropriateness of the Use of the Term “Inducement” in Article 230<sup>1</sup> of the Criminal Code of the Russian Federation

The problem of prohibited substances (methods) abuse in sport has existed for quite a long time. On the one hand, by criminalizing certain anti-doping rules violations, legislation expanded the liability limits of coaches, sports medical personnel, and of other specialists in the field of sports, which can be regarded positively. On the other hand, it made certain mistakes which impeded the effectiveness of these laws enforcement. Among other things, there is a problem with definition of the term “inducement”. The term itself is defined in the note to article 2301 of the Russian Federation Criminal Code, but there is a controversy in demarcation of inducement. methods. While deception, the use of violence and instructions as inducement methods are socially dangerous at substantial level and can be regarded as methods of committing the crime, the provision of information or the prohibited substances themselves (means of using methods) cannot be regarded as methods of committing the crime. Such a definition of inducement means also leads to contradictions with the corpus delicti under Article 2302 of the Russian Federation Criminal Code. In addition, there are also different interpretations regarding the methods of inducement, coercion, involvement in the other corpus delicti, which, all together with the lack of a unified interpretation of the terms affects the possibility of bringing the guilty persons, especially coaches, sports medical personnel and other specialists in the field of sports, to criminal responsibility. The survey conducted among lawyers also has revealed difficulties in distinguishing these terms in practice. Based on the criminal legislation analysis, the author comes to the conclusion that the amendments in the Russian Federation Criminal Code are necessary.

Correctional labor as an alternative to imprisonment in modern problems of punishment assignment

The global practice has shown many times that the primary means of struggling with criminality over the entire history of the civilized society is punishment. The modern legislator is constantly striving to improve its types by following global trends in its regulation, assignment and use. Efficiency of labor influence over the convict makes us pay a special attention to punishments suggesting mandatory labor nurturing. One of such punishments is correctional labor whose relevance of research is caused by the interest of the international society to use measures alternative to imprisonment. Despite the fact that legal systems of some foreign countries envisage and widely use punishments whose various characteristics are similar to domestic correctional labor, the Russian experience of their regulation and use can be useful, due to their specific nature, and interesting to any modern state, because the issue of implementing a rich potential of penology is especially relevant these days. At the same time there are significant issues in assignment of correctional labor, which area caused by imperfect construction of law. Research purpose is to study urgent issues of assigning correctional labor as an alternative to imprisonment in the Russian legal system. Methods: the analysis method allowed for characterization of specific features of assigning criminal punishment in the form of correctional labor and revealing primary problems in this area. The comparative method was used to collate specifics of correctional labor and probation. The prediction method helped defining perspectives to eliminate the identified disadvantages. An alternative mode of correctional labor has been criticized; measures have been offered to improve the legislative regulation of correctional labor within Article 53.1 of the Russian Federation Criminal Code.

Article 282.2 of the Russian Federation Criminal Code as a Threat to Freedom of Conscience in Russia

ABSTRACT Article 282.2 of the Russia’s Criminal Code (on “organizing the activities of an extremist organization”) is often used to punish representatives of religious associations, resulting in the violation of the freedom of religion.

SOME PROBLEMS OF DETAINEES AND PERSONS’ SENTENCED TO IMPRISONMENT NUMBER REDUCING IN THE RUSSIA FEDERATION

Some aspects оf criminal policy related to the number of detainees and persons convicted to imprisonment have been disclosed in the paper. The repressiveness’s increase of the Russian Federation Criminal code, which was adopted in 1996 has been discussed. The author has concluded that there is a necessity in reducing of the number of detainees and persons convicted to imprisonment in the Russia Federation. The negative consequences of detention and serving a sentence in jail have been emphasized. Courts’ work on the application of a preventive measures in the form of detention have been analyzed. The shortcomings of the Russian Federation of criminal-procedural legislation have been pointed out. The author pays attention on the extension of detention periods. It is concluded that there is necessity in strengthening of the court power. It is proposed to develop specialization of judges. The suggestion about introducing of the position of penitentiary judge has been supported. The decisions of European Court of Human Rights are provided. The suggestions for improvement of some federal laws are made. It is proposed to adopt a law about probation.

Standard evidence of alcohol intoxication in road traffic cases. Criminal law and criminal procedure value. Realities and perspectives

The article discusses the criminal and criminal procedural law enforcement issues in the context of crimes, described in article 264 the Russian Federation Criminal Code, committed under the influence of alcohol when offender left the scene of the road traffic accident. At the present time, there is a prohibition for this category of criminal cases to identify alcohol intoxication in any ways other than medical examination. Many researchers are trying to figure out whether it is criminologically justified to include rules on criminal liability for crimes committed under influence of alcohol to Russian Federation Criminal code and how it aligns with uniform standard of proof in criminal proceedings (uniform criminal-procedural regulations) and modern practical and theoretical approaches to the issue (including those, formed under influence of Supreme and Constitutional Courts rulings). In their opinion, above prohibition contradicts the principle of justice, and thus, to some extent, undermines criminological justification of criminal liability for crimes committed under influence of alcohol, leads to the violation of the uniform standard of proof and provokes suspects to leave the scene of road traffic accident. They see the solution of the issue in the abolition of the prohibition, but with retention of the criminal and procedural regulation of the situation in general (and offer the proposal to the lawmaker).

ФОРМИРОВАНИЕ ТЕРМИНОЛОГИЧЕСКОЙ СИСТЕМЫ УГОЛОВНОГО КОДЕКСА РОССИЙСКОЙ ФЕДЕРАЦИИ 1996 г. В СФЕРЕ ПРАВОВОЙ ОХРАНЫ ЯДЕРНОЙ БЕЗОПАСНОСТИ И РАДИАЦИОННОЙ ЗАЩИТЫ

ФОРМИРОВАНИЕ ТЕРМИНОЛОГИЧЕСКОЙ СИСТЕМЫ УГОЛОВНОГО КОДЕКСА РОССИЙСКОЙ ФЕДЕРАЦИИ 1996 г. В СФЕРЕ ПРАВОВОЙ ОХРАНЫ ЯДЕРНОЙ БЕЗОПАСНОСТИ И РАДИАЦИОННОЙ ЗАЩИТЫ

The socially dangerous consequences of environmental rules violation during a work (Russian Federation Criminal Code art. 246)

The article is devoted to the analysis of socially dangerous consequences of violation of the rules of the environment by manufacture of works. The author proposes changes in the basic structure of article 246 of the Russian Criminal Code and the addition of its qualifying staff.

Non-Classical Extraterritoriality of Criminal Law (in Context of the Federal Law of May 5, 2014 № 91-FZ)

The paper studies the issue of widening Russian criminal law jurisdiction based on the Federal Law ofMay 5, 2014 № 91-FZ under the title On Applying the Provisions of Criminal Caw of the Russian Federationand the Criminal Procedure Code of the Russian Federation on the territories of the Republic ofCrimea and the City of Federal Status Sebastopol. Within the normative legal act, legislators rejectedthe traditional way of the differentiated fixture of the principles of criminal law in time and space by unifyingthem in the text of the conflict-of-law rule. Historically, both in Russian and foreign criminal law, theanalogues of such a decision, which aggravated with incorrect legal mechanics regulation, has causedan ambiguous interpretation of the conflict-of-law rule produced by Article 2 of the Federal Law mentioned.Judicial practice applies the prescription in question only in terms of retrospective criminal law.Judicial opinions lack any traces of the aspect of territorial jurisdiction. This interpretation is seen incorrectdue to the impossibility to apply it to the legal relations connected with the Federal Law mentionedand with rules Articles 11 and 12 of the Russian Federation Criminal Code. Hence, without the FederalLaw mentioned, the Criminal Code of Russian Federation is not applied to the deeds committed onthe territories of the Republic of Crimea and the City of Sebastopol before March 18th, 2014. Thus,the doctrinal interpretation of norm of Article 2 of Federal Law № 91-FZ as a dualistic time and spaceconflict-of-law rule is seen more realistic as it is based on the analysis of classical patterns of normativeprescriptions. The author criticizes the legislative regulation in Article 2 of the Federal Law mentioneddue to the lack of legal mechanics, material inner conceptual contradictions, inconsistency between thedualistic approach and the classical postulates of the Russian legal theory of criminal law. On the basis of analysis of Russian and foreign legislation as well as judicial practice, the author proposes his ownversion of Article 2 for the Federal Law № 91-FZ.

Fighting trafficking of falsified and substandard medicinal products in Russia.

Fighting trafficking of falsified and substandard medicinal products in Russia.

MURDER COMMITTED BY EXCEEDING THE LIMITS OF NECESSARY DEFENSE, AMENDMENTS PROPOSED TO IMPROVE THE RUSSIAN FEDERATION CRIMINAL CODE

The paper examined provisions of the current Criminal Code concerning the necessary defense, and considered the grounds for release of an accused, or for according mitigation in the seriousness of offence and the severity of sentence for crime committed in excess of the limits of necessary defense. The study cast light upon the specifics of the corpus delicti specified by the Russian Federation Criminal Code, Article 108, Part 1, and suggested amend-ments to improve legislation.

P02-184 - Personality disorders and insanity

One of the pressing problems of Forensic Science is to define criteria for assessing Personality Disorders (PD)with a view of Article 21 of the Russian Federation Criminal Code. Forty cases with paranoid, schizoid and mixed types of Personality Disorders were studied for the purpose of passing judgment on their inability, during the acts of aggression, to be recognize the true character and the societal danger of their actions and to control themselves.Half of the cases demonstrated situational development, with marked exacerbation of suspiciousness and a bend towards forming extremely valuable ideas, followed by pronounced depressive conditions, persistent adjustment disorders, and impaired ability for critical judgment and prognosis. Twenty-five per cent of the cases showed pathological (constitutional) personality development. Delirious ideas of jealousy and anger (litigiousness) were systemic, deeply and heavily loaded emotionally, they developed in the “self-development” mode, with loss of content of the emotion and with psychogenic reactions. In 17.5% of cases our conclusions were based on the assertion that during the criminal act, “acute reaction to stress” was experienced, with deep emotional involvement, impaired consciousness, loss of ability to adequately assess the obtaining situation, and general disorientation.Thus, the main prerequisite for inability to appreciate the factual character and societal danger of one's actions or to control them is the statement of reactions of psychotic level, or of pathological development with the presence of pathologically overvalued or maniac ideas of interpretative nature, transforming into a paranoid system.

Legal definition of crimes in the sphere of economic activity according to Russian and international criminal law: Comparative analysis

The article is devoted to the revelation of systemic and structural links of international and national criminal law on macro and micro-levels. As a result of conducted comparative analysis the author makes recommendations, aimed at optimization of legal definitions of several norms of Russian Federation Criminal Code, stipulating responsibility for crimes in the sphere of economic activity. .