RU

Keyword: «criminal law»

The article presents the results of a comparative legal study of the criminal legis-lation of the CIS countries and neighboring countries (Belarus, Armenia, Abkha-zia, Kazakhstan, Uzbekistan, Turkmenistan, Mongolia) in order to study the cur-rent state of such a technique of legal technique as the use of evaluative concepts in criminal legislation. According to the results of the research, individual features of the development of evaluative concepts, their content and methods of consoli-dation in the criminal legislation of these countries have been identified.
This article examines the presumption of innocence as a fundamental principle of criminal proceedings. The authors explore the origin and nature of this principle, as well as its importance for the protection of individual rights and freedoms. They also draw attention to the inclusion of the presumption of innocence in international and national legislation, including the Constitutions of various countries.
This article examines the uncertainty of the complainant’s status as a participant in criminal proceedings. The special significance of this issue lies in the fact that the existence of legal relations in criminal proceedings may entail significant violations of the rights of citizens, which in turn leads to poor and inefficient functioning and development of the legal system of the State. The purpose of this article is to study the legal status of the applicant as a participant in criminal proceedings and to put forward proposals for improving criminal procedural legislation. The author concludes that there are uncertainties in modern criminal law legislation and the need for changes aimed at eliminating them.
In this scientific article, the author examines the question of the expediency of applying, within the framework of the criminal law mechanism, the decision of arbitration courts to declare a debtor insolvent (bankrupt). Assessing the existing criminal law definition for harmonization with the current civil legislation, it becomes obvious that the criminal law mechanism regulating the procedure for bringing a person to criminal responsibility for committing a crime under Article 196 of the Criminal Code of the Russian Federation is not perfect and complete at the moment. The new version introduced in 2021 demonstrated the need to continue working on such a criminal legal definition as intentional bankruptcy in connection with the relentless change in civil legislation governing the recognition of a debtor as insolvent (bankrupt) and adaptation to new economic realities. The author analyzes the available theoretical aspects that currently remain unresolved in the field of law enforcement. In addition, the conclusion is formulated about the need for further work on improving the mechanism of the institution of insolvency (bankruptcy), both in general in the planes of various branches of law, and in particular, determining the scope of application of criminal law norms when illegal actions are detected during the implementation of the procedure for recognizing a debtor as insolvent (bankrupt).
The article deals with the problem of ensuring environmental safety in the Rus-sian Federation. Environmental protection is becoming more and more urgent due to the negative consequences of large-scale industrial development, the elimination of which requires large time and material resources. This determines the allocation of environmental safety as one of the main priorities of state policy. Legal regulation of environmental safety is carried out both by basic laws and strategic acts. Environ-mental safety is ensured by various legal means, a special place among which is oc-cupied by the criminal law. The author analyzes the provisions of criminal legislation in relation to environmental crimes: the emphasis is placed on the object of en-croachment and the distinctive characteristics of the composition of criminally pun-ishable acts. A comparative study of environmental crimes and administrative offens-es has revealed one of the reasons for the weak effectiveness of the means of criminal law. The considered statistics demonstrated problems related to the latency of acts, the imposition of punishments and the complexity of the application of norms. The author concludes that there is a need for an integrated approach to ensuring environ-mental safety in order to prevent the commission of illegal acts that pose a threat to the environment and violate the constitutional rights of citizens.