Volume 2, Nº 3 (2023)

The purpose of the study is to identify the problems of the effectiveness of the use of such a means of legal technique as fiction in the current criminal legislation and to offer recommendations for its improvement. The article briefly updates the essence and concept of fiction in criminal law, defines the definition of its effectiveness and examines the shortcomings of certain norms of criminal legislation formulated through fiction, namely: Part 4 of Article 18, Part 4 of Article 204¹ and Part 4 of Article 291¹ of the Criminal Code of the Russian Federation. Conclusions. The conducted research allowed us to formulate the wording of Part 4 of Article 18 of the Criminal Code of the Russian Federation, taking into account the operational situation and trends in combating crime, as well as to prove the redundancy and legal and technical insolvency of Part 4 of Article 204¹ and Part 4 of Article 291¹ of the Criminal Code of the Russian Federation. The constructed proposals are aimed at increasing the effectiveness of fiction in the current criminal legislation. In addition, there is currently an urgent research need for the formulation of universal rules for the use of fiction, aimed at improving its effectiveness in criminal law.

The purpose of the study is to actualize the problem of the participation of mercenaries in extremist activities, the main importance in the framework of the resolution of which is given to criminal legal counteraction. The theoretical significance of the study of this topic is determined by the possibility to develop scientific concepts, approaches and methodologies for analyzing and combating the consolidation of the presented socially dangerous phenomena, which also contributes to the deepening of knowledge about the mechanisms of their functioning. The conclusions and recommendations obtained as a result of the study will allow us to form the conceptual foundations of state policy in the field of countering extremism and terrorism, while taking into account the specifics of the use of “illegal hiring” in this criminal activity. In particular, the factors that can become prerequisites for improving the fight against mercenary activities, modernizing the prevention of such phenomena, as well as promoting intercultural dialogue and tolerance in society are identified.

The purpose of the research. The article is devoted to the theoretical and criminal law consideration of deliberate and fictitious bankruptcy. The purpose of the study is to study and develop a conceptual apparatus of bankruptcy, to consider the various points of view of domestic scientists on this issue, as well as to determine the signs of the offenses provided for in arts. 196 and 197 of the Criminal Code of the Russian Federation and their differences in qualifications. Results. As a result of the study, a definition of the term “bankruptcy” was formulated on the basis of the studied scientific and legislative sources. We also came to the conclusion that there is some similarity between the two norms of the Criminal Law, which affects the subsequent erroneous or inaccurate qualification of acts in practice. For this, an analysis was made of the dispositions of arts. 196 and 197 of the Criminal Code of the Russian Federation, their signs and some elements of the crime. As a result, it is proposed to form recommendations on judicial practice in cases related to criminal bankruptcies in the form of Resolutions of the Plenum of the Supreme Court of the Russian Federation.