Law and order
Reference:
Lihachev N.A.
Intangible space as a new form of crime scene: doctrinal aspect
// Legal Studies.
2024. № 4.
P. 1-8.
DOI: 10.25136/2409-7136.2024.4.70275 EDN: TXAZGC URL: https://en.nbpublish.com/library_read_article.php?id=70275
Abstract:
The article discusses the problems of defining cyberspace and information space as a possible place of commission of a crime or other optional sign of an objective party in relation to specific acts provided for by the norms of the Special Part of the Criminal Code of the Russian Federation. The properties and characteristics of cyberspace are determined, and a comparison is made with the intangible and information space. The problem of determining the connection of cyberspace to specific objects of the material world - computer media, servers, the impossibility of the existence of cyberspace in isolation from three-dimensional reality at this stage of scientific and technological development, which predetermines the criminal legal classification of crimes, is noted. The scientific novelty of the work lies in the fact that the article substantiates an innovative approach to determining the place of intangible space in the system of composition characteristics. The author notes that the current realities force us to take a fresh look at the perception of the content of such a sign of the objective side of the crime as the place where the latter was committed, since its traditional understanding from the position of an object of material reality - a specific section of the earth’s surface, which has its own geographical landmarks and coordinates - does not meet the modern needs of the theory and practice of applying criminal law. As a result of the research, the author concludes that the development of computer technologies, communications and the information and telecommunications network “Internet” contributed to the emergence of a new – information – space, which by its nature is intangible and actually does not exist in a three-dimensional dimension.
Keywords:
legislation, crime, cybercrime, space, Corpus delicti, objective side, information space, cyberspace, criminal law, Information Security
Law and order
Reference:
Sogomonov D.K.
Optional features of the objective side in crimes against life and health under the legislation of some countries of the Romano-Germanic legal family (using the example of Germany and France)
// Legal Studies.
2024. № 4.
P. 9-22.
DOI: 10.25136/2409-7136.2024.4.70271 EDN: HDJCJB URL: https://en.nbpublish.com/library_read_article.php?id=70271
Abstract:
The need for an integrated approach to the study of optional by nature signs of the objective side and their role in crimes against life and health requires turning to the experience of foreign countries. In this connection, the work examines some features of the construction of optional signs of the objective side in the above-mentioned criminal offenses in the criminal legislation of Germany and France. The conducted comparative research made it possible to see ways of improvement and vectors of development of criminal law policy, the implementation of which is carried out precisely by the correction of the criminal law. Based on the results of the work, the author indicates that legislators in Germany and France, unlike in Russia, do not attach serious importance to optional signs of the objective side when constructing crimes against life and health. At the same time, certain features in the regulation of optional signs of the objective side in crimes against life and health, which are not characteristic of domestic law, are still refined. For example, in Germany, in relation to murder in a state of passion, not only the determinants of the occurrence of a state of strong emotional excitement, but also the pre-criminal behavior of the subject of the crime are taken into account. It is also noted that the German Criminal Code regulates liability for participation in a fight; it regulates liability for abortion that occurs outside the established period of pregnancy at which it is possible. In addition, it was revealed that the French Criminal Code criminalizes hiring to commit murder if the mercenary did not plan to commit a criminal act. In conclusion, the author of the work suggests ways to improve domestic legislation taking into account the studied foreign experience.
Keywords:
law, criminal, optional signs, criminal law, France, objective side, Germany, signs, health, life
Law and order
Reference:
Danilovskaia A.V.
Unfair competition: problems of criminalization of acts and differentiation of responsibility for their commission
// Legal Studies.
2024. № 4.
P. 23-48.
DOI: 10.25136/2409-7136.2024.4.70454 EDN: GEMIEG URL: https://en.nbpublish.com/library_read_article.php?id=70454
Abstract:
The subject of the study is the problems of criminalization of unfair competition and differentiation of criminal liability for its implementation. In particular, the following issues are analyzed: the current state of criminalization of acts provided for in art. 128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation, the signs of which correspond to a certain extent to the prohibitions of the Federal Law "On Protection of Competition"; legislative techniques in the design of their compositions; qualifying and especially qualifying signs, sanctions provided for the commission of crimes of the specified group; practices in the field of application of the listed articles of the Criminal Code of the Russian Federation, including in countering unfair competition. The purpose of the work is to identify the problems of criminalization of acts that have signs of unfair competition, violations of legislative technique, shortcomings in the differentiation of criminal liability for their commission, and identify ways to eliminate them. The research methodology is based on general scientific and private scientific methods of cognition, dialectical, logical, formal legal, comparative legal, hermeneutic research methods, as well as methods of legal modeling and legal forecasting are used. The scientific novelty lies in the analysis of the problems of constructing the elements of crimes provided for in art. 128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation as a whole and in connection with their content with violations of the prohibitions contained in Articles 14.1-14.8 of the Federal Law "On Protection of Competition", proposals on criteria for criminalization of acts, research qualifying (especially qualifying) signs and sanctions as means of differentiating criminal liability, as well as in proposals for their improvement. The conclusions are based on the absence in the Criminal Code of the Russian Federation of a clear mechanism for protection against unfair competition, ideas about changing legislation aimed at establishing specific grounds for criminal liability for unfair competition, unification of qualifying signs and the proposal as a sanction of penalties and their sizes uniform for the entire group of criminal forms of unfair competition, as well as the extension to crimes, provided for in Articles 180, 185.3 and 185.6 of the Criminal Code of the Russian Federation, the institution of confiscation.
Keywords:
differentiation of criminal liability, disclosure of trade secrets, criminal liability, intellectual property objects, means of differentiating responsibilities, unfair competition, criminalization, Corpus delicti, competition protection, discredit