Ayupova G.S. —
On the issue of interpreting particular constituent elements of cruelty to animals
// Police and Investigative Activity. – 2021. – ¹ 4.
– P. 39 - 52.
DOI: 10.25136/2409-7810.2021.4.34787
URL: https://en.e-notabene.ru/pm/article_34787.html
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Abstract: The research object is social relations in the field of criminal-legal regulation of components of crime establishing liability for cruelty to animals (art. 245 of the Criminal Code of Russia). The research subject is Russia’s legislation establishing liability for cruelty to animals, materials of investigative and judicial practice, official statistics, and theoretical views of scholars on the problem of cruelty to animals. The research methodology is based on the general dialectical approach. The author also uses such methods as the logical method, formal-legal method, and teleological method. During the research, the author also uses general scientific and specific methods of scientific cognition. The scientific novelty of the research is determined by the fact that, based on a comprehensive system analysis of Russian legislation, it formulates theoretical provisions about the improvement and use of criminal regulations establishing responsibility for cruelty to animals. In particular, with account for the regulations of the Federal Law of December 27, 2018 No. 498 «On responsible attitude to animals and amending particular legal regulations of the Russian Federation», the author formulates the definition of the term «cruelty to animals» and proposals about particular issues of qualifying crimes considered in article 245 of the Criminal Code of Russia.
Ayupova G.S. —
Peculiarities of classification of purchasing, storage, transportation and processing of timber known to be illegally harvested, for the purpose of illegal sale (article 191.1 of the Criminal Code of Russia)
// Police and Investigative Activity. – 2021. – ¹ 3.
– P. 21 - 38.
DOI: 10.25136/2409-7810.2021.3.37050
URL: https://en.e-notabene.ru/pm/article_37050.html
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Abstract: The research object is social relations in the field of legal regulation of the composition of a crime carrying responsibility for purchasing, storage, transportation, processing for the purpose of illegal sale, and illegal sale of timber known to be illegally harvested, according to the article 191.1 of the Criminal Code of Russia. The research subject is Russia’s legislation imposing responsibility for the sales of illegally harvested timber, the materials of judicial practice, and theoretical views of scholars. The research methodology is based on the general dialectical method. The author also uses such research methods as logical, formal-legal, and teleological ones. The research is based on both general scientific and specific methods of scientific cognition. The purpose of the research is to formulate the proposals about the improvement of the practice of application of the article 191.1 of the Criminal Code of Russia. The scientific novelty of the research is determined by the fact that it contains theoretical provisions about the improvement and application of the article 191.1 of the Criminal Code. Particularly, the author describes the contents of particular constituent elements of this offence, including the evaluative and blanket ones, and formulates the proposals about the classification of crimes described in the article 191.1 of the Criminal Code. The author arrives at the conclusion that a crime, described in the article 191.1, is a new form of involvement in a crime, and the predicate deed is illegal harvesting of timber (article 260 of the Criminal Code, part 1 and 2 of article 8.28 of the Administrative Offences Code).
Ayupova G.S., Lyubushkin S.Y. —
Peculiarities of legal responsibility for leaving the scene of the accident
// Police activity. – 2020. – ¹ 3.
– P. 41 - 48.
DOI: 10.7256/2454-0692.2020.3.33540
URL: https://en.e-notabene.ru/pdmag/article_33540.html
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Abstract: The object of research is the set of social relations emerging as a result of using the provisions of criminal and administrative law imposing the responsibility for leaving the scene of the accident. The research subject is the provisions of criminal, administrative and other branches of Russian law regulating social relations in the field of road safety promotion, the judicial practice materials related to the crimes and administrative offences in the field of road safety, statistical data and scientific works on the research topic. The research methodology is based on the general dialectical method involving the consideration of legal terms, phenomena and processes in their development and interconnection. The authors use general scientific and special methods of scientific cognition. The scientific novelty is determined by the fact that the authors, based on the comprehensive system research, acquire the new results and formulate theoretical provisions regarding the improvement and application of the provisions of criminal and administrative law imposing the responsibility for leaving the scene of the accident. Particularly, the authors formulate the provisions on certain issues of classification of crimes specified in part 2, 4 and 6 of article 264 of the Criminal Code of the Russian Federation. The authors substantiate the necessity to fill the lacuna in administrative regulation of leaving the scene of the accident.
Ayupova G.S. —
The Ñoncept of the Motor Vehicle in Relation to Traffic Violations Under the Criminal Legislation of the Russian Federation and the Republic of Kazakhstan
// Police and Investigative Activity. – 2016. – ¹ 3.
– P. 1 - 6.
DOI: 10.7256/2409-7810.2016.3.20251
URL: https://en.e-notabene.ru/pm/article_20251.html
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Abstract: Based on the analysis of the legislation of the Russian Federation and the Republic of Kazakhstan the author of the article conducts a comparative-legal research of the term "motor vehicle" used in relation to Articles 264 and 345 of the Criminal Code. In her article Ayupova also discusses the most important features of the studied concepts. Analyzing modern Russia's and foreign states' experience in regulation of responsibility for violating traffic rules, the author has made proposals for improving the current criminal legislation and changing the list of vehicles. The methodological basis of this research involves legal comparative studies of dialectical theory of knowledge considering the development of a studied problem as part of the system. The scientific novelty of the research is caused by the fact that the author provides a critical review of motor vehicle components both in theory and practice taking into account the current criminal legislation of the Russian Federation and the Republic of Kazakhstan.