Keyword: «judicial practice»

The article provides a comprehensive theoretical and applied analysis of the criminal law structure of harm to health, its classification and factors of sentencing for crimes against health. Regulatory legal acts regulating the procedure for determining the severity of harm caused to human health are being investigated, including on the basis of a new Procedure approved by Order No. 172n of the Ministry of Health of the Russian Federation dated 04/08/2025. The article analyzes the system of articles in Chapter 16 of the Criminal Code of the Russian Federation, which provide for liability for harm to health of varying severity, as well as the general principles of sentencing established in art. 60 of the Criminal Code. Special attention is paid to medical and legal criteria for distinguishing serious, moderate and minor harm to health, as well as circumstances mitigating and aggravating punishment, affecting the individualization of criminal responsibility. Based on the analysis of judicial practice and doctrinal sources, conclusions are drawn about the need for further improvement of criminal legislation in terms of taking into account modern medical classifications and ensuring fair differentiation of responsibility.

The presented article is devoted to a comprehensive study of the actual theoretical and practical problems of implementing the general principles of sentencing, enshrined in Article 60 of the Criminal Code of the Russian Federation. In the context of modern criminal policy, the principle of individualization of punishment acquires special importance. The author conducts a deep analysis of the gap between the doctrinal understanding of the individualization of criminal responsibility and real law enforcement. Special attention is paid to the problem of the formalistic (template) approach of courts to assessing the identity of the culprit and mitigating circumstances. Based on the latest Review of the Practice of the Supreme Court of the Russian Federation (approved on December 18, 2024) and cassation practice, the systemic causes of unmotivated sentences are identified. The necessity of reforming criminal legislation and the introduction of elements of digital analytics to overcome conflicts of law enforcement is substantiated.

The article is devoted to the consideration of issues related to the exclusion of a participant from a business entity as an extreme way to protect the corporation and its bona fide participants. However, today there is a lack of theoretical elaboration of the institution of exclusion of a participant, the lack of unified approaches in judicial practice. There is a discussion in the scientific literature on the issue under consideration. It seems that it is possible to exclude a participant only if the abuse of the right and the deliberate orientation of his actions to harm the business community are proven. In judicial practice, there is a well-established position on the possibility of excluding a participant performing the functions of the sole executive body if his actions or omissions have led to significant difficulties in the company's activities or other negative consequences, including harm to the company. At the same time, it is necessary to further develop legislation and judicial practice aimed at clarifying the criteria for the exclusion of a participant from a business entity and preventing abuse.