Keyword: «criminal liability»
ART 14817
The article is devoted to the evolution of criminal responsibility for crimes against property in Russia. The author analyzes the history of the development of Russian legislation, noting the change of approach to the differentiation of the legislator responsible for crimes against property.
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.
The article is devoted to the problems of preventing and combating crimes against intellec-tual property. The author analyzes the experience of foreign countries in this area. For this purpose, an analysis of the legislation and law enforcement practice of Western countries, as well as countries of the Asia-Pacific region, was carried out. Having summarized the experience of these countries, the author concludes that many legislative, organizational and managerial decisions adopted in foreign countries can be taken into account in the legislation and law enforcement practice of the Russian Federation. This concerns, firstly, taking into account modern digitalization processes, for example, the criminalization of new types of criminal activities in efforts to combat “intellectual piracy.” Secondly, in combining the rules on crimes against intellectual property in one structural element of the criminal law. Thirdly, the exclusion from the elements of these crimes of such a constructive element as consequences. Fourthly, the severity of punishment is comparable to the severity of punishment for property crimes. Fifthly, a strategic approach to combating this type of crime, which involves the adoption of federal strategic planning documents, the creation of special interdepartmental coordinating bodies, regular reporting, public information, awareness-raising work, targeted funding, etc.