Preview

Law Enforcement Review

Advanced search

ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES

https://doi.org/10.24147/2542-1514.2018.2(2).40-47

Abstract

The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.
The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.
Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.
Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment.

About the Authors

M. V. Bavsun
Omsk Academy of the MIA of Russia. Omsk
Russian Federation

Doctor of Law, Professor, Dep-uty Head for Research

SPIN-code: 8591-6572; AuthorID: 266045



I. A. Beletskiy
Omsk Academy of the MIA of Russia, Omsk
Russian Federation
PhD in Law, researcher, Research Department


References

1. Kurbatov A.Ya. The principle of the inadmissibility of the abuse of criminal law: old problems added new. Zakon, 2013, no. 9, pp. 36–43. (In Russ.).

2. Kaufman M.A. On the abuse of criminal law (to the question), in: Ugolovnoe pravo: strategiya razvitiya v XXI veke, materials of the XV International scientific and practical conference. Moscow, RG-Press Publ., 2018, pp. 46–58. (In Russ.).

3. Zhalinskii A.E. Criminal law in anticipation of changes: theoretical and instrumental analysis, 2nd ed. Mos-cow, Prospekt Publ., 2009. 400 p. (In Russ.).

4. Borkov V.N. The Supreme Court of the Russian Federation Decided not to Confuse a Gift with a Bribe. Sov-remennoe pravo = The Modern Law, 2014, no. 1, pp. 107–110. (In Russ.).

5. Esakov G.A. Topical problems of modern criminal law (Based on materials of international conferences). Pravo i politika = Law and Politics, 2007, no. 3, pp. 149–151. (In Russ.).

6. Yumashev N.S., Yumashev A.N., Solopov N.S. On the principal of fair practices, avoidance of law and prohi-bition of law in the rules of civil and criminal-procedure legislation. Rossiiskii sledovatel' = Russian Investigator, 2015, no. 15, pp. 34–40. (In Russ.).

7. Baev O.Ya, Baev M.O. abuse of the right to pre-trial criminal proceedings, Monograph. Moscow, Prospekt Publ., 2014. 216 p. (In Russ.).

8. Grishina E., Leveev Yu. Abuse of the law by the subjects of criminal prosecution: moral and ethical problems and ways of their elimination. Mirovoi sud'ya = Magistrate judge, 2009, no. 10, pp. 6–8. (In Russ.).

9. Parfyonov V.N. The problem of abuse of criminal procedural rights. Rossiiskii sledovatel' = Russian Investiga-tor, 2014, no. 7, pp. 23–26. (In Russ.).

10. Kravchenko R.M. Peculiarities of Qualification of Unsafe Work Performance and Service Rendering at Illegal Business Activity. Rossiiskii sud'ya = Russian Judge, 2017, no. 9, pp. 40–44. (In Russ.).

11. Bavsun M.V., Veklenko S.V. Criminal-legal assessment of the subjective side of crime. Omsk, Omsk Academy of the MIA of Russia Publ., 2006. 256 p. (In Russ.).

12. Greenberg M.S. Random (probabilistic) trials and criminal law. Sovetskoe ugolovnoe pravo, 1986, no. 1, pp. 129–133. (In Russ.).

13. Fisenko D.Yu. Special principles of criminal law, Cand. Diss. Thesis. Omsk, 2016. 23 p. (In Russ.).

14. Inogamova-Khegai L.V. Conceptual basis of competition of criminal law, Monograph. Moscow, NORMA Publ., INFRA-M Publ., 2015. 288 p. (In Russ.).

15. Greenberg M.S. Psycho-physiological abilities of a person and criminal responsibility. Sovetskoe ugolovnoe pravo, 1974, no. 12, pp. 70–75. (In Russ.).


Review

For citations:


Bavsun M.V., Beletskiy I.A. ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES. Law Enforcement Review. 2018;2(2):40-47. https://doi.org/10.24147/2542-1514.2018.2(2).40-47

Views: 552


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)