{"title":"刑法制裁及其在打击部分腐败犯罪中的实施实践","authors":"B. Gavrilov, E. Rogova","doi":"10.17150/2500-4255.2021.15(5).543-554","DOIUrl":null,"url":null,"abstract":"When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"43 1","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Criminal Law Sanctions and the Practice of Their Implementation in Counteracting Some Crimes of Corruption\",\"authors\":\"B. Gavrilov, E. Rogova\",\"doi\":\"10.17150/2500-4255.2021.15(5).543-554\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.\",\"PeriodicalId\":43975,\"journal\":{\"name\":\"Russian Journal of Criminology\",\"volume\":\"43 1\",\"pages\":\"\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2021-11-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Russian Journal of Criminology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17150/2500-4255.2021.15(5).543-554\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian Journal of Criminology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17150/2500-4255.2021.15(5).543-554","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Criminal Law Sanctions and the Practice of Their Implementation in Counteracting Some Crimes of Corruption
When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.
期刊介绍:
Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.