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: 10.7256/2454-0692.2018.1.25526

Abstract: The subject of this research is the instable monetary and financial credit systems that create a threat for economic security of Russia. The authors of the article emphasize the need to develop the national system of payment cards and legally consolidate the list of contractual obligations of using them. The authors focus on the legal nature of electronic money that is often the matter of crime committed against material benefits of a special kind because these are the rights of claim that refer to another kind of material benefits in the acting system of civil law objects. The methodology of the research is based on the analysis of applicable laws and regulations, doctrines of property items and practical fraud actions. The authors pay special attention to the method of interpretation. Based on the results of their research, the authors come to the conclusion that electronic money cannot be considered as cashless monetary funds. Development of electronic banking and appearance of new kinds of crime committed with the use of the most recent information technologies creates the need to establish an adequate system of interaction including so called computer criminal science as a particular branch thereof.   

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.