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«Журнал гражданского и уголовного права» – юридический научный журнал.

E-ISSN 2413-7340
Периодичность – 1 раз в год.
Издается с 2014 года.

1 June 25, 2019


Articles and Statements

1. Alexander A. Chugunov, Sergey V. Borisov
Problems of Criminal Liability for Tax Crimes

Zhurnal grazhdanskogo i ugolovnogo prava, 2019, 6(1): 3-8.

Abstract:
The article is devoted to the identification and consideration of a number of topical problems in the legislative reflection of the signs of tax crimes. The authors identify three shortcomings of the articles of the Criminal Code of the Russian Federation, providing for liability for these crimes, which significantly complicate the uniform and correct application. The first of the shortcomings identified in the legislative regulation of criminal liability for tax crimes is related to the existing legal uncertainty as to whether such criminal acts last or not; the second is related to the lack of legislative regulation of the period during which there is a failure to pay taxes, fees, insurance premiums in determining large and particularly large sizes; the third is an unreasonable legislative decision, according to which the subject of these crimes was supplemented by insurance premiums. On the basis of the study, the authors formulate proposals to improve the relevant criminal law, aimed at ensuring their uniform and correct application.

URL: http://ejournal22.com/journals_n/1562334551.pdf
Number of views: 10      Download in PDF


2. Dmitry A. Kirillov, Oksana V. Pavlenko
Criminal Law and Criminological Aspects of Religious Tolerance in Russia

Zhurnal grazhdanskogo i ugolovnogo prava, 2019, 6(1): 9-17.

Abstract:
The Russian law, which orients society to mutual understanding, patience, and respect in matters of freedom of conscience and freedom of religion, contains latent criminogenic prerequisites. So, patience in matters of faith involves a certain psychological discomfort of the men of faith in relation to the men of a different faith. Patience of the person in relation to the object and simultaneous respect by the person of the same object is logically incompatible. It should be noted that in accordance with the criminological point of view, the religious tolerance contains most stable prerequisites for the lawful behavior of men of the faith in relation to the men of a different faith. Its basic principles in general are respect for different faith, acceptance and correct understanding of the diversity of religions and forms of manifestation of religiosity. Patience is contrary to the content of religious tolerance. For a long time, Russia's official attitude to religious tolerance was not reflected in official documents. Therefore, it was quite difficult to expect, for example, the replacement of religious patience ideas with ideas of religious tolerance. However, on December 12, 2018, Russia supported the resolution on religious tolerance, adopted by the UN General Assembly. This suggests that now the potential of religious tolerance can be integrated into the system of principles of the Russian religious landscape. Obviously, a fragment about patience in matters of freedom of conscience and freedom of religion should be excluded from the law. However, criminal law restrictions should be taken into account here, in particular, article 148 of the Criminal Code. Today, it is the patience in matters of faith that is of great importance to many men of faith. In such a situation, the quick exclusion of the term “patience” from the text of the law may lead to an insult to their religious feelings. Therefore, the authors of this article propose such a wording of the law, in which the values of faith patience are indicated as the important ones, but temporary, and the values of religious tolerance – as strategic ones.

URL: http://ejournal22.com/journals_n/1562334621.pdf
Number of views: 11      Download in PDF


3. Marina Sosedova
Judicial Protection of the Rights of Children – Citizens of the Russian Federation in Adoption: International and Domestic Aspects

Zhurnal grazhdanskogo i ugolovnogo prava, 2019, 6(1): 18-24.

Abstract:
The article is devoted to the judicial protection of the rights of children. The use of international law by the courts is an additional guarantee of respect for the rights of minors. This is especially true when resolving issues of adoption of children by the spouse of the parent (stepmother, stepfather). The purpose of this article is to discuss controversial issues arising from the consideration of this category of cases, taking into account the norms of international and domestic law. The author justifies the need for the participation of a psychologist during the adoption procedure. The legal procedure of adoption and respect for the interests of the child is the prevention of domestic violence. This article focuses on the legal issues of the judicial protection of children's rights in adoption, taking into account the international and domestic aspects of this procedure.

URL: http://ejournal22.com/journals_n/1562334874.pdf
Number of views: 5      Download in PDF


4. Victor V. Vorobyov
Some Problems on the Fight against Cybercrimes in the Russian Federation

Zhurnal grazhdanskogo i ugolovnogo prava, 2019, 6(1): 25-33.

Abstract:
Crime in the sphere of computer information tends to increases steadily and affects the most important areas of activity of not only individual states but the global community as a whole. In this connection, improving of the legislation for counteraction against these criminal attempts becomes an urgent task of today. Through analysis, logical and comparative-legal methods of cognition, it has been found that the Russian criminal legislation in the sphere of struggling cybercrime has a number of fundamental defects, among them: the lack of legal interpretation of many terms in Articles 159.3, 159.6, 187, 272, 273, 274 of the Criminal Code of the RF; faults in the structure of these Articles; incompliance of the Russian criminal legislation with the international legal acts, as well as faults in international cooperation in the sphere of cybercrime counteraction. The data of court statistics on the convicted for cybercrimes in Russia from 2003 till 2016 substantiate the conclusions on the presence of certain problems in this sphere of law enforcement activity. The cognition methods of synthesis, summarizing and analogy enabled to give the author’s definition to such notions as “illegal access to computer information” and “harmful software”. To improve the Russian criminal legislation, we propose amendments to Articles 272-273 and criticize the new Article 274.1 of the Russian Criminal Code. The materials of the research can be useful for law-makers, scholars of legal disciplines, personnel of the law enforcement bodies, judges of criminal courts, professors and students of law faculties.

URL: http://ejournal22.com/journals_n/1562334932.pdf
Number of views: 6      Download in PDF


Reviews

5. Pavel N. Biriukov
Review of the textbook: Fohrer-Dedeurwaerder E.La Prise en consideration des normes étrangères; Paris, Lextenso éditions LGDJ, 2008. 570 p. ISNB 978-2-275-03345-7

Zhurnal grazhdanskogo i ugolovnogo prava, 2019, 6(1): 34-38.

Abstract:
Estelle Fohrer-Dedeurwaerder is a renowned French lawyer, Director of the Institute for European, International and Comparative Law Studies (IRDEIC) at the University of Toulouse. The IRDEIC is known for its developments in the field of private international law (hereinafter – PIL) and foreign law. The book under review is of great importance both for scholars interested in the analysis of conflict of laws (hereinafter – CL), and for students who wish to successfully study the issues of international law (hereinafter – IL), comparative law (hereinafter referred to as CL) and PIL. The author analyzes in detail the current trends in the field of CL and PIL in various legal systems. Thus, a peer-reviewed book is a valuable contribution that will undoubtedly help students studying CL and IPL.

URL: http://ejournal22.com/journals_n/1562334996.pdf
Number of views: 8      Download in PDF


6.
full number
URL: http://ejournal22.com/journals_n/1562335004.pdf
Number of views: 4      Download in PDF





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