Urda M.N., Sheveleva S.V. —
Fraud in obtaining benefits under the legislation of foreign countries in the context of combating scientific misconduct in carrying out state tasks
// Law and Politics. – 2017. – ¹ 5.
– P. 17 - 26.
DOI: 10.7256/2454-0706.2017.5.43057
URL: https://en.e-notabene.ru/lamag/article_43057.html
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Abstract: This research is devoted to a comparative analysis of the criminal legal means of countering misconduct when receiving payments, a type of which is fraud in the field of scientific research in the performance of a state task. The subject of the work is the norms of foreign legislation. Research objective is to formulate the main approaches towards the regulation of the liability for fraud when receiving payments and comparable acts in legislation of foreign countries, and optimization of the Russian criminal legislation on liability for fraud, taking into account international rulemaking experience. The methodological basis of the work is a comparative legal method of research. The authors also used the methods of analysis and abstraction. The new results obtained include: highlighting the main approaches in formulating the encroachment in question in foreign legislation; the conclusion that the special norms on fraudulent activities with subsidies in the criminal legislation of individual countries are not fully comparable to the Russian counterpart of the norm (Article 159.2 of the Criminal Code of the Russian Federation), and therefore, the foreign experience in designing their dispositions is not very suitable for interpreting fraud in obtaining State grants in the Russian criminal law; attention is drawn to the need for a uniform definition of the punishability of general and special types of fraud, according to how this is reflected in the criminal legislation of foreign countries, differentiating responsibility for fraudulent abuse, depending on the sphere of commission, the subject and methods of criminal encroachment. The obtained results deepen the content of comparative criminal law and can be used in teaching criminal disciplines, as well as improving Russian criminal law.
Sheveleva S.V. —
Contradictions in the regulation of deferment of punishment for a convict having an under age child
// Legal Studies. – 2014. – ¹ 12.
– P. 13 - 23.
DOI: 10.7256/2409-7136.2014.12.1368
URL: https://en.e-notabene.ru/lr/article_13684.html
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Abstract: The article studies the problem of deferment of punishment in connection with parental rights. The author considers the particular aspects of the institute of deferment of punishment. The article studies both normative and legal materials, and judicial practice related to this question. The author considers parental rights and responsibilities of mother and father in the comparative vein and comes to the conclusion about invalidity of discrimination. The author states that certain improvements in the question of deferment of punishment of fathers in case of an underage child upbringing necessity have been reached in the legislation recently. As the research methods the author uses analytical method, abstracting and concretization, which allow the author to define the conditions of deferment of punishment. The scientific originality of the research consists in the fact that the author states a range of research problems of big social importance, such as an unreasonable contraction of the group of men who can be granted the deferment of punishment in case of an underage child upbringing; the time of a deferment granting, etc. The author comes to the conclusion that the problem of contradictions in the institute of deferment of punishment can be solved by means of criminal legislation modernisation taking into account the existing regulations and principles in the sphere of constitutional and family law. At the same time, all the questions, related to deferment of punishment, should be regulated according to criminal statute.