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On Expansion Of The Circle Of Norms Providing Special Types Of Release From Criminal Liability In The Chapter 22 Of The Criminal Code Of The Russian Federation

투르크메니스탄 국외연구자료 기타 Farid A. Musaev Pravovaya Initsiativa: vserossiiskii nauchno-prakticheskii zhurnal 발간일 : 2014-05-15 등록일 : 2017-01-17 원문링크

In the article author conducts analysis of the circle of the criminal code of the Russian Federation (Charter 22) norms expansion, providing special types of release from criminal liability. Analyzes of the foreign legislation allowed author to draw a conclusion that the majority of the stimulating legal analogs to the Chapter 22 of the Criminal Code of the Russian Federation are present in the legislation of the CIS countries – Azerbaijan, Georgia, Tajikistan, Turkmenistan, Ukraine and some other, and also that release from the criminal liability on the tax crimes – is not less widespread stimulating norm in the foreign legislation. Special attention is paid to the questions of the positive post criminal behavior of persons who committed economic crime stimulation. According to the author it appears to be reasonable to include into the alternative condition of the release from criminal liability a sign of the voluntary statement of the crime commission or giving criminal income and also an alternative sign of the "active contribution to the disclosure and/or crime investigation". Author comes to the conclusion that a problem of the expansion of the stimulating norms in the Chapter 22 of the Criminal Codes of the Russian Federation action is interesting and actual in the conditions of criminal legislation in the economic sphere liberalization. In particular, in the foreshortening of the economic amnesty questions author believes that introduction of the stimulating norms of the Chapter 186 of the Criminal Code of the Russian Federation isn't expected soon.

 

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