Глава 25. Преступления против здоровья населения и общественной нравственности
The Commentary has been prepared mainly by the lecturers of the Department of Criminal Law of the Law Faculty of the National Research University “Higher School of Economics” (with the involvement of teachers from other higher education institutions). The publication bases on the theoretical principles and judicial review. It analyses key points in the content of the Criminal law.
The chapter is devoted to basic priniples of the Rssian criminal law. It is specifically mentioned the history of the principles and its current reflection in the Russian Criminal Code of 1996. The author discusses the structure of crime and the punishments inflicted upon its commission.
The book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
The article considers the features of the presumption of knowledge of criminal law rules as a condition of guilt and responsibility for crimes in the sphere of economic activity. It argues conclusions on the ways to improve the organization of legal education of population, as well as the system of legal training of the staff engaged in economic structures and in respect of their penal control officers of the relevant legal institutions. It also justifies the relationship between the strengthen of the presumption of knowledge of criminal law in relation to these crimes with an increase in the effectiveness of criminal justice in the relevant field, and hence the efficiency of the economic activity.
Presumption of knowledge of law, crime, economic activity, legal education of population, legal training, criminal justice supervision, crimes in the sphere of economic activity, the order of publish of laws and their promulgation, commentary, Explanation, legal public education, legal studies, Legal institutions
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
The article is dedicated of problems of criminal law regulation of securities market.The concept of criminal law mechanism its protection is offered.
The paper shows that the effectiveness of fighting crime could be considerably increased through supplementing the traditional law enforcement activities as exercised by the special authorities (internal affairs departments, prosecutor's offices, etc.) with the activities of state power bodies with general jurisdiction that would be specifically aimed at protecting legal order against crimes with the assistance of different civil society institutions and the community.