Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its Improvement
The article is devoted to the problem of legally securing in the Criminal Code of the Russian Federation the concept of a criminal misdemeanor. On the basis of doctrinal provisions, Russian and foreign criminal legislation, the concept of a criminal misdemeanor is investigated, its relation to an in...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Russian |
| Published: |
Omsk Law Academy
2018-03-01
|
| Series: | Сибирское юридическое обозрение |
| Subjects: | |
| Online Access: | https://www.siberianlawreview.ru/jour/article/view/13 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849318524230565888 |
|---|---|
| author | I. A. Yurchenko |
| author_facet | I. A. Yurchenko |
| author_sort | I. A. Yurchenko |
| collection | DOAJ |
| description | The article is devoted to the problem of legally securing in the Criminal Code of the Russian Federation the concept of a criminal misdemeanor. On the basis of doctrinal provisions, Russian and foreign criminal legislation, the concept of a criminal misdemeanor is investigated, its relation to an insignificant act is analyzed, and the category of administrative prejudice is analyzed. The Author justifies the position according to which criminal misdemeanor cannot be a kind of crime of little gravity. It is concluded that a group of crimes with administrative prejudice, regardless of their category, should be classified as a criminal misdemeanor. With regard to this type of socially dangerous acts, the criminal law proposes to use the term “criminal misdemeanor”. An approach is presented to the establishment in the Criminal Code of the Russian Federation of a preferential criminal law regime for criminal misdemeanor: the unpunishable assassination and complicity in such a crime, the absence of aggregate and relapse, if one of the crimes is small, the reduction of the statute of limitations, the recognition of the person who committed such an act is unacceptable. |
| format | Article |
| id | doaj-art-2077ab23c6c6429ab2ae49f4e6617e08 |
| institution | Kabale University |
| issn | 2658-7602 2658-7610 |
| language | Russian |
| publishDate | 2018-03-01 |
| publisher | Omsk Law Academy |
| record_format | Article |
| series | Сибирское юридическое обозрение |
| spelling | doaj-art-2077ab23c6c6429ab2ae49f4e6617e082025-08-20T03:50:48ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102018-03-01151586310.19073/2306-1340-2018-15-1-58-6312Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its ImprovementI. A. Yurchenko0Kutafin Moscow State Law University (MSAL)The article is devoted to the problem of legally securing in the Criminal Code of the Russian Federation the concept of a criminal misdemeanor. On the basis of doctrinal provisions, Russian and foreign criminal legislation, the concept of a criminal misdemeanor is investigated, its relation to an insignificant act is analyzed, and the category of administrative prejudice is analyzed. The Author justifies the position according to which criminal misdemeanor cannot be a kind of crime of little gravity. It is concluded that a group of crimes with administrative prejudice, regardless of their category, should be classified as a criminal misdemeanor. With regard to this type of socially dangerous acts, the criminal law proposes to use the term “criminal misdemeanor”. An approach is presented to the establishment in the Criminal Code of the Russian Federation of a preferential criminal law regime for criminal misdemeanor: the unpunishable assassination and complicity in such a crime, the absence of aggregate and relapse, if one of the crimes is small, the reduction of the statute of limitations, the recognition of the person who committed such an act is unacceptable.https://www.siberianlawreview.ru/jour/article/view/13criminal misdemeanorpetty theftsmall commercial briberypetty briberypetty crimeinsignificant actpublic dangeradministrative prejudice |
| spellingShingle | I. A. Yurchenko Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its Improvement Сибирское юридическое обозрение criminal misdemeanor petty theft small commercial bribery petty bribery petty crime insignificant act public danger administrative prejudice |
| title | Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its Improvement |
| title_full | Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its Improvement |
| title_fullStr | Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its Improvement |
| title_full_unstemmed | Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its Improvement |
| title_short | Criminal Misdemeanor: Novels of the Russian Criminal Legislationand Questions of Its Improvement |
| title_sort | criminal misdemeanor novels of the russian criminal legislationand questions of its improvement |
| topic | criminal misdemeanor petty theft small commercial bribery petty bribery petty crime insignificant act public danger administrative prejudice |
| url | https://www.siberianlawreview.ru/jour/article/view/13 |
| work_keys_str_mv | AT iayurchenko criminalmisdemeanornovelsoftherussiancriminallegislationandquestionsofitsimprovement |