No 4 (2019)
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УГОЛОВНОЕ ПРАВО И КРИМИНОЛОГИЯ; УГОЛОВНО - ИСПОЛНИТЕЛЬНОЕ ПРАВО
2-7 122
Abstract
The article is devoted to the analysis of various aspects of the "Guidelines on criminal law of the RSFSR of 1919-the prototype of the future General part of the criminal code of the RSFSR". Special attention is paid to the characteristics of crimes (crimes) committed in Russia at that time.
7-11 488
Abstract
The article is devoted to the analysis of the Guidelines on Criminal Law of 1919. It gives a structurally meaningful description of the latter, traces their relationship and continuity with the prerevolutionary criminal legislation of Russia. Based on the study, conclusions are drawn that the Guidelines were the result of one of the first sectoral codifications of Soviet socialist law of RSFSR, served as the first -impulse‖ and -element‖ for the subsequent formation of the entire system of this law as a whole.
12-17 227
Abstract
The article analyzes the place of «Guiding began in the criminal law of the RSFSR» in the industry doctrine, reflected in this monument rights achievements of the Imperial era and its comparison with the existing Criminal code.
18-23 110
Abstract
The article is devoted to historical and criminal analysis of the -Criminal law guidelines of the RSFSR‖ issued in 1919 in view of its centenary celebrated by legal community of Russian Federation this year. The author attempts not only to reveal the ominous aim and functions of this instrument but to show its predictiveness in continuity of main institutes.
24-31 466
Abstract
The article is devoted to the questions of the conceptual foundations of the decision of the people's Commissariat of justice of RSFSR from December 22, 1919 "The Guiding principles on criminal law of RSFSR", of authorship of the document, its structure, the characteristic of the main provisions of the Principles, their relations with similar provisions of the General part of the criminal code of RSFSR of 1922, researched relevant criminal legal views 1917-1922, is determined by the value of the specified resolution for the further development of Soviet criminal legislation and theory of criminal law.
31-35 439
Abstract
The article provides an overview of the assessments of domestic criminal law experts on the «Guiding Basics of Criminal Law of The RSFSR» (1919). In the Soviet period there was a dominant position of apologetics of this document as laying the foundation for codified criminal law of the republics of the former USSR. In the post-Soviet period the importance of the Guiding Basics for the development of criminal law and the doctrine of criminal law was reassessed
36-39 244
Abstract
This article is devoted to the first codified criminal-legal act of the new state that gave the basis for the consecutive, often contradictory stage of development of the Russian criminal law.The author has considered the preconditions for its creation and its influence for the formation of criminal legislation in the Soviet period.
INSTITUTIONAL BASES OF GUIDELINES BEGINNING TO THE CRIMINAL LAW OF THE RSFSR 1919: HISTORICAL ASPECT
39-45 120
Abstract
The article is devoted to the analysis of the development of doctrine perceptions of criminal law institutions in the early Soviet period. One of the theoretical foundations of bolshevism was the thesis - the death of law. The purpose of the study is to disclose, taking into account the tasks of Soviet criminal law, which were to protect the gains of the revolution, the content of criminal law institutions in the Guiding principles for criminal law of the RSFSR of 1919. The author comes to the conclusion that, despite the attempt to renounce law, the socialist state objectively needed criminal law, including criminal law institutions.
46-50 115
Abstract
The law on the territory of Kazakhstan for a long time consisted of customs, i.e. was customary law. Guidelines on the criminal law of the RSFSR of December 12, 1919 - the main criminal law during the formation of the Soviet power in the RSFSR had a huge impact on the formation of the legal sys-tem of the Kazakh region. The aim of criminal law was the destruction of class opponents of the proletariat and the coordination of its actions aimed at achieving a common goal.
51-56 131
Abstract
The article discusses the social and legal risks of digitalization of criminal law control of crime in the absence of appropriate legal mechanisms to limit the repressive principles of criminal law in maintaining social law and order. It is shown that the issue of the legitimization of crime and punishment in the digital age should be built on the general legal interests of protecting society, proclaimed in 1919 as guiding principles in criminal law.
57-61 102
Abstract
The article considers the main features of the transformation of the institution of crime in the Guidelines on Criminal Law of the RSFSR 1919. On the basis of the analysis of this monument of So-viet criminal law, the change of the principle provisions on the concept of crime in the criminal policy of the proletarian state is investigated, and the importance of these features of the transformation of crime for the development of Soviet criminal law doctrine is noted.
62-66 158
Abstract
The article analyzes the norms of unfinished crime, containing as contained in three legal acts: the code about punishments of criminal and corrective 1845, the Guiding principles on criminal law of RSFSR 1919, the criminal code 1996, compares them from the point of view of borrowings the posi-tive historical experience of law-making describe stages of implementation of criminal intent in the search for optimal regulation of the stages of the crime.
67-70 126
Abstract
The article is devoted to the analysis of the provisions of the Guidelines on criminal law of the RSFSR. 1919 about acts which did not involve appointment of criminal punishment. The author considers the approach of the legislator to the concept of crime, issues of responsibility of persons under the age of responsibility, insanity, necessary defense.
71-76 89
Abstract
This article is dedicated to the analysis of prerequisites of formation of the institution of criminal punishment in Criminal Law Guidelines of the RSFSR, issued in 1919. Features of development of this institution of Criminal Law in the period of uncodified criminal legislation of the Soviet power are defined, its merits and demerits come to light, and their influence on formation of the relevant standards in the existing Criminal Code of the Russian Federation are considered.
77-81 190
Abstract
The article is devoted to the characteristics of individual punishments provided for in the Guidelines on criminal law of the RSFSR, adopted on December 12, 1919. Features of the list of punishment are considered, separate types of punishment are analyzed, in particular imprisonment for a certain term or for an indefinite period before occurrence of a known event, announcements under boycott, an-nouncements by the enemy of revolution and the people, announcements outside the law.
82-86 121
Abstract
The article provides a brief analysis of the main criteria (general principles) of sentencing formulated in the Guiding basics of Criminal law of the RSFSR 1919. In the process of their consideration, the authors note the historical continuity of a number of provisions that have been reflected (with well-known corrections due to the peculiarities of the state’s existence) and the development in the Criminal Code of 1996
87-93 106
Abstract
The article is devoted to the analysis of the development of the system of execution of criminal sentences after the October Revolution of 1917. A key characteristic of this process was the change in the policy vector of the leadership of the state in terms of replacing punitive measures with the implementation of labor service in places of deprivation of liberty. The productive organization of the labor of convicts made it possible to ensure the best quality of their life, as well as to restore a centralized penal system.
93-97 144
Abstract
The article examines the genesis of the norms of the criminal legislation of the Soviet period, which provided for responsibility for violent crimes. The stage of allocation in the criminal law and criminalization of mental violence is marked. A trend is shown aimed at strengthening the criminal legal protection of citizens from crimes involving the use of physical or mental violence.
98-104 202
Abstract
The article is devoted to the analysis of transport crimes from the Governing Beginning of 1919 to the Criminal Code of the Russian Federation of 1996. The study revealed: 1) the desirability of a systematic statement of the rules on liability for transport crimes since it increased with the advent of new types and an increase in the number of vehicles and the extent of the negative effects of transport activities; 2) piracy as an independent corpus delicti in Russian law appeared for the first time only with the adoption of the Criminal Code of the Russian Federation in 1996; earlier there was no article on piracy in the Criminal Code and its criminalization was influenced by international law; 3) in the Russian criminal legislation, an independent norm governing liability for theft of an aircraft appeared in the Criminal Code of the RSFSR Art. 213.1. Responsibility for the theft of other modes of transport was still regulated by Art. 212.1 of the Criminal Code of the RSFSR. Only in the 1996 Penal Code did an independent norm governing liability for hijacking not only an aircraft.
105-111 262
Abstract
The article is devoted to the analysis of urgent problems of determining the moment of the end of receiving a bribe. When solving these problems, the author proposes to rely on the norms of the General Part of the Criminal Code of the Russian Federation on a completed and not completed crime, while comparing them with similar provisions of the Guiding Principles on Criminal Law of the R.S.F.S.R. With this in mind, a number of clarifications given by the Plenum of the Supreme Court of the Russian Federation in its resolution of July 9, 2013 No. 24 «On judicial practice in cases of bribery and other corruption crimes» are critically evaluated. The author analyzes in detail the verdicts of the courts in terms of determining when the bribe is finished, many of which, according to the author, contradict Art. 8, 29 and 290 of the Criminal Code of the Russian Federation. In particular, the groundlessness of qualification as a completed crime in cases of transfer of a bribe in the framework of operational-search measures and in the form of money dummies is noted.
112-118 105
Abstract
The article is devoted to determination of characteristics of the subject of bribery at the present stage the criminal code 1996, Argued that the object of bribery is not always proprietary in nature (monetary value) and can be linked to the services of non-property nature. Also, taking into account inter-sectoral relations, the concept of property rights as a subject of bribery is considered.
THEORY AND HISTORY OF LAW AND STATE; HISTORY OF DOCTRINES ABOUT LAW AND STATE
119-124 124
Abstract
The article is devoted to the issues of legal impact on mass and individual culture in modern conditions. The author draws attention to the need to take into account a number of factors, such as modernization and globalization, the increase of technological components in the law, which should be taken into account in the choice of ways of formation of legal culture.
CRIMINAL PROCESS
125-132 224
Abstract
Taking into account the fact that the provision of constitutional rights and freedoms should be understood as a system of their guarantee, the article gives a General description of the criminal procedural guarantees of the right to judicial protection. Such guarantees of the right of Russian citizens to judicial protection are considered as a system of means of ensuring, which includes the rights of the victim and civil plaintiff seeking judicial protection, and the procedural rights of their representatives, enshrined in the norms of criminal procedure legislation. This system also includes the duties of officials of preliminary investigation bodies, prosecutors’ offices and judges, which correspond to these rights, and the activities of such bodies and persons, based on the law, aimed at ensuring judicial protection of the victim and the civil plaintiff from criminal encroachment.
КОНФЕРЕНЦИИ
133-145 156
Abstract
The article is devoted to the evaluation of the results of the all-Russian scientific and practical conference with international participation «Guiding Principles of Criminal Law 1919: Conceptual Foundations and Historical Significance», dedicated to the 100th anniversary of adoption, which was held in the city of Krasnodar on December 13-14, 2019 and which discussed a wide range of issues related to the process of formation and development of Russian criminal legislation in the Soviet period, as well as determining the historical significance of the RSFSR Guiding Principles of Criminal Law 1919.
ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)
ISSN 2782-5841 (Online)