Mkrtchian S. —
Foreign experience of legislative regulation of the terms of serving sentences in form of corrective labor instead of isolation as a source of modernization of Russian legislation in this regard
// Law and Politics. – 2019. – ¹ 12.
– P. 51 - 59.
DOI: 10.7256/2454-0706.2019.12.31802
URL: https://en.e-notabene.ru/lpmag/article_31802.html
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Abstract: This article dedicates special attention to the analysis of possibilities and directions of implementation of the most successful legal techniques pertinent to regulation of the terms of serving sentences in form of corrective labor without of isolation from society for the purpose of improving the system of national legislation in this regard. The subject of this research is the norms of the Russian criminal and penal law, as well as the criminal law provisions of Austria, Israel, China, Lithuania, Latvia, Belarus, Bulgaria, Kazakhstan, Serbia, Federative Republic of Germany, France, Switzerland, Sweden, South Korea, and Japan. The scientific novelty of the conducted research consists in the fact that in searching the new vectors of modernization of carrying out sentences in form of corrective labor in Russia, the author assesses the possibilities of reception of certain provisions of foreign legislation on the terms of serving various types of sentences in form of corrective labor without isolation from society. The main conclusion related to the suggestions on reception of the provisions of foreign criminal laws contributing to the following aspects: detailed consideration of personality traits of the convicts; establishment of additional criteria in making decisions on substitution of correctional works in cases of willful evasion of the convict from their fulfilment with other types of sentences; resolution of the questions of organization of the work of local self-government in the process of determining the place of corrective labor for the convicts.
Mkrtchian S. —
Foreign experience of legislative regulation of the terms of serving sentences in form of corrective labor instead of isolation as a source of modernization of Russian legislation in this regard
// Law and Politics. – 2019. – ¹ 12.
– P. 51 - 59.
DOI: 10.7256/2454-0706.2019.12.43293
URL: https://en.e-notabene.ru/lamag/article_43293.html
Read the article
Abstract: This article dedicates special attention to the analysis of possibilities and directions of implementation of the most successful legal techniques pertinent to regulation of the terms of serving sentences in form of corrective labor without of isolation from society for the purpose of improving the system of national legislation in this regard. The subject of this research is the norms of the Russian criminal and penal law, as well as the criminal law provisions of Austria, Israel, China, Lithuania, Latvia, Belarus, Bulgaria, Kazakhstan, Serbia, Federative Republic of Germany, France, Switzerland, Sweden, South Korea, and Japan. The scientific novelty of the conducted research consists in the fact that in searching the new vectors of modernization of carrying out sentences in form of corrective labor in Russia, the author assesses the possibilities of reception of certain provisions of foreign legislation on the terms of serving various types of sentences in form of corrective labor without isolation from society. The main conclusion related to the suggestions on reception of the provisions of foreign criminal laws contributing to the following aspects: detailed consideration of personality traits of the convicts; establishment of additional criteria in making decisions on substitution of correctional works in cases of willful evasion of the convict from their fulfilment with other types of sentences; resolution of the questions of organization of the work of local self-government in the process of determining the place of corrective labor for the convicts.
Mkrtchian S. —
Significance of the title of Article 159.1 of the Criminal Code of the Russian Federation in establishing the elements of fraud in the lending industry
// Law and Politics. – 2017. – ¹ 10.
– P. 1 - 12.
DOI: 10.7256/2454-0706.2017.10.24194
URL: https://en.e-notabene.ru/lpmag/article_24194.html
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Abstract: This research is dedicated the study of the elements of crime set by Article 159.1 of the CCRF, based on the analysis of the concept of “fraud in the lending industry”, which forms the title of this work. The author meticulously examines such aspects as applicability of the Article 159.1 of CCRF for protection of the lending industry from fraud, identification of the victims of fraud in the lending industry, as well as signs of characteristics of such crime. Special attention is allocated to the problem of demarcation of the concepts of “deliberate false information” and “inaccurate information”, as well as designation of the object of fraud in the area of financed property acquired as the result of consumer or commercial lending. The novelty of this research consists in the fact that the author is first to examine the language used by the legislator in titling the Article 159.1 of the CCRF for perception and interpretation of the aforementioned criminal law.