DOI: 10.7256/2454-0706.2018.6.26482

Abstract: The subject of this research is the problems of the Russian criminal policy, considering the correlation between the criminal law and the administrative legal relations. Attention is turned to the fact that the idea on criminal act would have been attractive if the Code of the Russian Federation on Administrative Offenses excludes all constituent elements that in its legal nature are not referred to administrative offences, but for some reason or other cannot be designated as crimes, although gravitate towards them. The majority of them is considered by courts as criminal acts. Based on the conducted analysis, the authors underline the need for revising the procedural norms that establish the patterns on criminal offences in the sphere of economics and preventative activity by integrating them into a single criminal-procedural form so that it does not doubt the fairness of grounds for exempting the criminal responsibility in the sphere of economic activity.

DOI: 10.7256/2454-0706.2018.6.43156

Abstract: The subject of this research is the problems of the Russian criminal policy, considering the correlation between the criminal law and the administrative legal relations. Attention is turned to the fact that the idea on criminal act would have been attractive if the Code of the Russian Federation on Administrative Offenses excludes all constituent elements that in its legal nature are not referred to administrative offences, but for some reason or other cannot be designated as crimes, although gravitate towards them. The majority of them is considered by courts as criminal acts. Based on the conducted analysis, the authors underline the need for revising the procedural norms that establish the patterns on criminal offences in the sphere of economics and preventative activity by integrating them into a single criminal-procedural form so that it does not doubt the fairness of grounds for exempting the criminal responsibility in the sphere of economic activity.

DOI: 10.7256/2454-0706.2016.5.18561

Abstract: This article gives a detailed examination to the issues of pre-trial agreement to cooperate. The authors present a brief analysis of the problematic issues of the legal regulation of this institution that emerged as a necessity for counteracting organized forms of crime, which has high latency and loyalty among its members. The idea of deals, made between the defense and the prosecution during the first stages of judicial process, is rather promising, as it simplifies and eases the process of the court proceedings, and reflects the tasks of preliminary investigation on establishing all circumstances of the criminal act with simultaneous increase in efficiency of counteraction of the criminal activity as a whole. The materials of the investigative and prosecutorial practice confirmed that the cooperating suspects and defendants are in fact parties to organized crimes with the following qualifications: “group of people”, “group of people based on conspiracy”, “organized group”. The authors make the conclusion that the Chapter 40.1 of the Criminal Procedural Code of the Russian Federation does not contain the positions on the specificity of protection of the rights of the victim in cases of cooperation with a suspect (defendant) of the pre-trial cooperation agreement.

DOI: 10.7256/2454-0706.2016.5.42938

Abstract: This article gives a detailed examination to the issues of pre-trial agreement to cooperate. The authors present a brief analysis of the problematic issues of the legal regulation of this institution that emerged as a necessity for counteracting organized forms of crime, which has high latency and loyalty among its members. The idea of deals, made between the defense and the prosecution during the first stages of judicial process, is rather promising, as it simplifies and eases the process of the court proceedings, and reflects the tasks of preliminary investigation on establishing all circumstances of the criminal act with simultaneous increase in efficiency of counteraction of the criminal activity as a whole. The materials of the investigative and prosecutorial practice confirmed that the cooperating suspects and defendants are in fact parties to organized crimes with the following qualifications: “group of people”, “group of people based on conspiracy”, “organized group”. The authors make the conclusion that the Chapter 40.1 of the Criminal Procedural Code of the Russian Federation does not contain the positions on the specificity of protection of the rights of the victim in cases of cooperation with a suspect (defendant) of the pre-trial cooperation agreement.