Pastushenko A.A., Antonova E.Y. —
Criminal law protection of certain principles of the budgetary system of the Russian Federation
// Security Issues. – 2021. – ¹ 3.
– P. 60 - 69.
DOI: 10.25136/2409-7543.2021.3.36091
URL: https://en.e-notabene.ru/nb/article_36091.html
Read the article
Abstract: The subject of this research is the criminal law guarantees for the implementation of the principles of appropriate and targeted spending of budgetary resources as an element of ensuring national security of the Russian Federation. The author conducts the assessment of normative and law-enforcement material that determines the legal essence of the indicated principles of budgetary system of the Russian Federation. The article explores case law of implementation of certain norms of criminal legislation of the Russian Federation associated with contravention of the principle of appropriate use of budgetary allocations. This article is first to juxtapose the measures of criminal law protection of the principles of appropriate and targeted spending of budgetary resources. Based on the acquired results, the current position on the absence of penalties for the inappropriate use of budgetary allocations is being disputed. The conducted comparative analysis of the measures of criminal responsibility reveals large disparity with regards to protection of the two key principles of budgetary system of the Russian Federation. The author also established the presence of criminal elements that carry out preclusive function, which narrows down the capabilities of criminal law of the Russian Federation. The article offers an optimal and effective method for eliminating this problem and improving protective capabilities of the Criminal Code of the Russian Federation, including the tasks of ensuring national security.
Pastushenko A.A. —
Criminal liability for unlawful use of budget funds in accordance with the Russian Penal Code of 1845
// Genesis: Historical research. – 2019. – ¹ 1.
– P. 41 - 46.
DOI: 10.25136/2409-868X.2019.1.26678
URL: https://en.e-notabene.ru/hr/article_26678.html
Read the article
Abstract: The subject of this research is the questions of criminal liability in accordance with the Russian Penal Code of 1845 for violations, the object of which is the social relations established in terms of the use of budget funds. The author comprehensively analyzes the Penal Code of 1845 for determining regulations that form the mechanism of legal protection of budget funds, particularly from the infringement of public officials, as well as conducts their systemic research and comparison. In the course of this study, the following methods were applied: historical-legal, comparative-historical, comparative-legal, formal-logical and systemic. The specific characteristics of such criminal law standards are described. The conclusion is made on the presence in the Russian Penal Code of 1845 of the ramified system of penal prohibitions in the financial-budgetary sphere. The author concludes on the possibility of use of the separate regulation of Penal Code of 1845 in the current criminal law of the Russian Federation.