IMPROVEMENT OF CRIMNAL LEGISLATION ON INTERNATIONAL ORGANISED CRIMINAL ACTIVITY (BY THE EXAMPLES OF THE REPUBLIC OF KAZAKHSTAN, RUSSIAN FEDERATION, PEOPLE'S REPUBLIC OF CHINA)

被引:0
|
作者
Komissarov, V. S. [1 ]
Ensebaeva, G. B. [2 ]
机构
[1] Lomonosov Moscow State Univ, Chair Criminal Law & Criminol, Moscow, Russia
[2] LN Giunilyov Eurasian Natl Univ, Chair Criminal Law & Criminol, Astana, Kazakhstan
来源
关键词
organised crime; international organised crime; organised criminal group; international organised criminal activity;
D O I
暂无
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The article studies issues of necessity for criminal legislation improvement in terms of regulation of responsibility for different types of organised and international organised criminal activity. New trends of international organised crime development are discovered. These trends define its development and new forms. The authors study contacts between international and Russian criminal law in terms of international organised crime counteraction. This cooperation of member-states is socially defined by necessity of ensurance of national security, each state's sovereignty and by civilization and human security. The authors point that effectiveness of counteraction to international organised crime depends on member-states' unity level, their actions' concentration level and on legal certainty of terms related to the targeted object of world community. The article studies the unification process of organised criminal group term in Russian criminal law. The term was defined by Palermo Convention. Comparing statutable features of organized group and criminal organization leads to the conclusion that legislator failed to clearly define these features and divide ones from others. This leads to serious difficulties in law-enforcement activity. Authors assume that definition given in Model Criminal Code of CIS is preferable: irrespective of gravity of offence, but considering objective of "direct or indirect financial or other material gain". The authors suggest correcting definitions of organised and international organised criminal group (p. 3, Art. 31 of the Criminal Code of the Russian Federation, p. 4-1, Art. 31 of the Criminal Code of the Russian Federation), international criminal community (organization) (p. 4-2, Art. 31 of the Criminal Code of the Russian Federation) considering the objectives of criminal activity and particular features of relevant organized criminal groups.
引用
收藏
页码:115 / 123
页数:9
相关论文
共 50 条
  • [1] Foundation and development of People's Republic China's criminal legislation
    Pan Dongmei
    Gao Mingxuan
    [J]. VESTNIK OF SAINT PETERSBURG UNIVERSITY-LAW-VESTNIK SANKT-PETERBURGSKOGO UNIVERSITETA-PRAVO, 2018, 9 (02): : 215 - 229
  • [2] RESTRICTIONS OF THE RIGHT OF ENVIRONMENTAL MANAGEMENT: COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN, REPUBLIC OF BELARUS AND RUSSIAN FEDERATION
    Nikishin, Vladislav V.
    Ukhlova, Elena, V
    [J]. VESTNIK TOMSKOGO GOSUDARSTVENNOGO UNIVERSITETA-PRAVO-TOMSK STATE UNIVERSITY JOURNAL OF LAW, 2019, (33): : 110 - 125
  • [3] A comparative legal study of courts with the participation of representatives of the people in the criminal procedure of the Russian Federation and the Republic of Kazakhstan
    Zhamiyeva, Roza M.
    Ryabinina, Tatyana K.
    Chistilina, Daria O.
    Vorotnikova, Anna S.
    [J]. TOMSK STATE UNIVERSITY JOURNAL, 2023, (491): : 161 - 170
  • [4] Criminal Jurisdiction in International Law, and the Criminal Law of the People's Republic of China
    林欣
    [J]. Social Sciences in China, 1983, (02) : 155 - 166
  • [5] COMPETING NORMS ON THE CONFISCATION OF PROPERTY IN THE CRIMINAL AND CRIMINAL PROCEDURE LEGISLATION OF THE REPUBLIC OF BELARUS AND OF THE RUSSIAN FEDERATION
    Lukashov, Alexey, I
    Sheveleva, Svetlana, V
    [J]. RUSSIAN JOURNAL OF CRIMINOLOGY, 2020, 14 (06): : 914 - 926
  • [6] International legal standards for the conduct of criminal prosecution and its implementation in the legislation of the Russian Federation and the Federal Republic of Germany
    Grinenko, Aleksandr Viktorovich
    Kuznetsova, Natalia Nikolaevna
    Osmanova, Nadezda Valerevma
    Khoryakov, Sergey Nikolaevich
    Skachko, Anna Vladilenovna
    [J]. CUESTIONES POLITICAS, 2022, 40 (72): : 729 - 744
  • [7] THE PROBLEMS OF IMPROVEMENT OF THE LEGISLATION ON AGRICULTURAL CREDIT COOPERATIVES IN THE REPUBLIC OF AZERBAIJAN IN RUSSIAN FEDERATION
    Kuliev, T. A.
    [J]. VESTNIK OF SAINT PETERSBURG UNIVERSITY-LAW-VESTNIK SANKT-PETERBURGSKOGO UNIVERSITETA-PRAVO, 2015, (04): : 94 - 111
  • [8] To the question of criminal liability for criminal infringements for motor vehicles under the criminal legislation of Russian Federation and Kyrgyz Republic
    Saparbaev, D. S.
    [J]. LEGAL SCIENCE AND PRACTICE-BULLETIN OF NIZHNIY NOVGOROD ACADEMY OF THE MINISTRY IF THE INTERIOR OF RUSSIA, 2015, 32 (04): : 292 - 296
  • [9] Criminal Code of the People's Republic of China
    [J]. CHINESE LAW AND GOVERNMENT, 2010, 43 (05): : 80 - 80
  • [10] Assessment of approaches to industrialization issues in the Republic of Kazakhstan and the People's Republic of China
    Bozhko, Larissa Leonidovna
    [J]. INTERNATIONAL SCIENTIFIC CONFERENCE - ENVIRONMENTAL AND CLIMATE TECHNOLOGIES, CONECT 2016, 2017, 113 : 482 - 487