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Journal articles on the topic 'Plenum of the Supreme Court of the Russian Federation'

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Published: 5 June 2025
Last updated: 2 August 2025

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1

Korotkikh, N. N. "On the Issues of the Application of Part 6 of Article 15 of the Criminal Code of the Russian Federation." Juridical Science and Practice 15, no. 3 (2019): 79–84. http://dx.doi.org/10.25205/2542-0410-2019-15-3-79-84.

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The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstan
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2

Mozina, E. V. "Recommendations of the Plenum of the Supreme Court of the Russian Federation on the Application of the Provisions of Part 6 of Art. 15 of the Criminal Code of the Russian Federation." Actual Problems of Russian Law 20, no. 2 (2024): 83–91. https://doi.org/10.17803/1994-1471.2025.171.2.083-091.

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The paper is devoted to the analysis of recommendations of the Plenum of the Supreme Court of the Russian Federation providing for the procedure of applying Part 6 of Art. 15 of the Criminal Code of the Russian Federation that was introduced into the criminal law environment in December 2011. With the adoption of this norm, both positive and negative assessments of this legislative initiative began to appear in special literature. Often, authors criticized the provisions under consideration due to the lack of detailed recommendations on the use of the provisions of Part 6 of Art. 15 of the Cri
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3

Matveev, A. G. "THE INTERPRETATION OF THE RULES ON RELATED RIGHTS IN THE RULING OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION OF APRIL 23, 2019." Ex jure, no. 3 (2019): 57–69. http://dx.doi.org/10.17072/2619-0648-2019-3-57-69.

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Abstract: acts of the Supreme Court of the Russian Federation have a significant impact on the development of intellectual property law. This impact can be both positive and negative. On April 23, 2019, the Plenum of the Supreme Court of the Russian Federation adopted a scale Ruling on the application of the part four of the Civil Code of the Russian Federation. The purpose of this article: to analyze the provisions on related rights established in this Ruling. We believe that the interpretation of the rules on related rights undertaken in the Ruling of the Plenum of the Supreme Court was carr
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4

Morozov, S. L. "Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)." Rossijskoe pravosudie 2 (January 29, 2020): 66–79. http://dx.doi.org/10.37399/issn2072-909x.2020.2.66-79.

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The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied.
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5

Zhokov, Dmitriy. "COMPARATIVE LEGAL ANALYSIS OF THE CRIMINAL LEGISLATION OF RUSSIA AND TAJIKISTAN, WHICH PROVIDES FOR LIABILITY FOR INVOLVING A MINOR IN THE COMMISSION OF A CRIME." Advances in Law Studies 12, no. 1 (2024): 66–70. http://dx.doi.org/10.29039/2409-5087-2024-12-1-66-70.

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The article presents a criminal-legal analysis of the Russian and Tajik criminal legislation providing responsibility for the involvement of a minor in the commission of a crime. Article 150 of the Criminal Code of the Russian Federation and Article 165 of the Criminal Code of the Republic of Tajikistan are analyzed in detail, the main differences between the two legal systems in the considered issue are presented. The article analyzes the content of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Resolution of the Plenum of the Supreme Court of the Republic
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6

Reshetnikova, G. A. "JUDICIAL INTERPRETATION OF KIDNAPPING, ILLEGAL DEPRIVATION OF LIBERTY AND TRAFFICKING IN PERSONS." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (2020): 139–44. http://dx.doi.org/10.35634/2412-9593-2020-30-1-139-144.

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The article deals with explanations of the Supreme Court of the Russian Federation contained in the resolution of the Plenum “On judicial practice in cases of kidnapping, illegal deprivation of liberty and trafficking in persons”. Basically (where possible) the author’s attention was focused on the formation of a judicial position on the issues concerning these crimes that had already arisen in judicial practice and the answers to them were found in the official press (Bulletin of the Supreme Court of the Russian Federation). The author touched on some short stories of the judicial interpretat
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7

Tkachev, Igor O. "Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the Practice of the Courts’ Application of Legislation on Liability for Tax Crimes”: An Analysis of the Main Novels." Ugolovnaya yustitsiya, no. 17 (2021): 18–24. http://dx.doi.org/10.17223/23088451/17/4.

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The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the
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8

Andrianov, Vladimir K. "Conditional Early Release from Serving a Sentence: Patterns and Problems of Application." Rossijskoe pravosudie, no. 2 (January 25, 2022): 72–81. http://dx.doi.org/10.37399/issn2072-909x.2023.2.72-81.

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Conditional early release from serving a sentence is the traditional and most common type of release from punishment, embodying the ideas of humanism and economy of criminal repression and allowing for a balance between the principles of legality and equality of citizens before the law, on the one hand, and the principle of justice and individualization of criminal responsibility, on the other. Due to the importance of this institution, the Plenum of the Supreme Court of the Russian Federation notes that in the practice of courts there should be no cases of unjustified refusal of conditional e
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9

KOVALYOVA, A. V. "CONCILIATION PROCEDURES USING SPECIAL KNOWLEDGE: CAN WE APPLY IN RUSSIA THE EXPERIENCE OF THE AMERICAN, FRENCH OR ITALIAN MODEL?" Herald of Civil Procedure 11, no. 6 (2022): 214–38. http://dx.doi.org/10.24031/2226-0781-2021-11-6-214-238.

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Judicial systems of various jurisdictions, faced with the problem of overloaded courts, including through disputes based on circumstances, the establishment of which or the search for a causal relationship between which requires the use of knowledge (special) unknown to judges, they are more or less successfully solve it through the development of conciliation procedures with the participation of knowledgeable persons. The current Russian procedural legislation does not provide for such conciliation procedures. In this respect, the experience developed in France, Italy and the USA is of intere
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10

Klepitskiy, I. A. "Binding Nature of the Supreme Court of the Russian Federation Explanations in Criminal Law." Lex Russica, no. 6 (July 5, 2021): 95–107. http://dx.doi.org/10.17803/1729-5920.2021.175.6.095-107.

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The question of the legal nature and the binding nature of explanations of the Supreme Court of the Russian Federation remains debatable in the literature. When considering criminal cases, the courts do not always follow the decisions of the Plenum of the Supreme Court. It seems that the explanations of the Supreme Court, while not being a source of criminal law, are nevertheless binding on courts and officials applying the norms of criminal law. This is a general rule, to which there are exceptions. First, there are erroneous explanations of the Supreme Court, which are not based on the estab
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11

Biryukov, R. F., and N. A. Petrova. "KIDNAPPING: SOME ISSUES OF CRIME QUALIFICATION THROUGH THE PRISM OF JUDICIAL PRACTICE." Vestnik of Khabarovsk State University of Economics and Law, no. 2(112) (May 31, 2023): 99–102. http://dx.doi.org/10.38161/2618-9526-2023-2-099-102.

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The scientific article is devoted to the review of some aspects of legislation regarding the qualification of the crime provided for in Article 126 of the Criminal Code of the Russian Federation, in the light of the Resolution No. 58 adopted by the Plenum of the Supreme Court of the Russian Federation dated 12/24/2019
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12

Pronina, M. P. "Malfeasances: features of law enforcement." Penitentiary Science 14, no. 3 (2020): 331–37. http://dx.doi.org/10.46741/2686-9764-2020-14-3-331-337.

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The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their bla
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13

Fagmanova, Elvina I. "The Mechanism of Case Reopening Based on New and Newly Discovered Circumstances: Aims, Meaning, Judicial Interpretation (the final part)." Arbitrazh-civil procedure 10 (October 15, 2020): 27–30. http://dx.doi.org/10.18572/1812-383x-2020-10-27-30.

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The article is devoted to the research of the mechanism in the reconsidering judicial acts under reopened or new circumstances as providing the necessary deviation from the requirement of stability in judicial practice to correct an erroneous judicial act, an analysis of the grounds for reviewing and the importance of judicial review procedures in the system. The author pays an attention to discussions about the possibility of reconsidering a judicial act, due to the development of the position of the supreme court on legal issues, on its borders. The article also analyzes the most important j
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14

SOBACHKIN, ANDREY. "NEW RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON COMPENSATION FOR MORAL DAMAGE: ANALYSIS OF INDIVIDUAL PROVISIONS." LEGAL BULLETIN 1, no. 8 (2023): 97–103. https://doi.org/10.5281/zenodo.11189818.

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The relevance of the topic of the article is due, on the one hand, to the significance of compensation for moral damage as a universal method of protecting civil rights, on the other hand, to the novelty of the Resolution under consideration by the Plenum of the Supreme Court of the Russian Federation. The main purpose of the study is to analyze the explanations adopted by the supreme judicial body of Russia concerning the practice of applying the norms on compensation for moral damage. The article identifies the strengths and weaknesses of the Resolution, compares its provisions with previous
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15

Rybkina, M. V., I. A. Bliznets, and E. V. Shcherbak. "Current Issues of Disposal of Rights on the Results of Intellectual Activity." LENINGRAD LEGAL JOURNAL 1, no. 75 (2024): 63–77. https://doi.org/10.35231/18136230_2024_1_63.

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The authors of the article reveal the features of the disposal of intellectual property rights, provide examples from court decisions, provide a brief analysis of the fundamental Resolutions of the Plenum of the Supreme Court of the Russian Federation on these issues, and provide specific examples of court decisions on the disposal of rights.
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16

Shalumov, Mikhail S. "Some Issues of Ensuring the Procedural Procedure for the Termination of a Criminal Case by a Court on a Non-Rehabilitating Basis." Rossijskoe pravosudie, no. 2 (January 16, 2025): 85–94. https://doi.org/10.37399/issn2072-909x.2025.2.85-94.

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The procedural procedure for the termination of a criminal case (criminal prosecution) by a court on non-rehabilitating grounds, despite the serious legal consequences of such a decision by the court for the accused, is insufficiently regulated by the norms of the Criminal Procedure Code of the Russian Federation, there are gaps and inconsistencies between individual norms. The list of non-rehabilitating grounds themselves can be systematized only through scientific interpretation. To a certain extent, the explanations of the Plenum of the Supreme Court of the Russian Federation on criminal ca
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17

Rarog, A. I. "Binding Nature of Clarifications from the Plenum of the Supreme Court of the Russian Federation." Actual Problems of Russian Law 19, no. 5 (2024): 104–12. http://dx.doi.org/10.17803/1994-1471.2024.162.5.104-112.

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The paper is devoted to the question of whether the clarifications of the Plenum of the Supreme Court of the Russian Federation have binding force. According to the author, the obligatory conditions for their binding nature are relevance, consistency and theoretical impeccability. The paper provides examples of clarifications that have lost relevance due to changes in the criminal law, as well as clarifications that do not comply with the letter of the law (for example, on the classification of violent crimes and threats of violence against other persons during rape). The inconsistency of the
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18

Ivanchin, Artem V. "The Real Range of Sources of the Russian Criminal Law." Russian investigator 1 (January 18, 2024): 27–30. http://dx.doi.org/10.18572/1812-3783-2024-1-27-30.

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The article examines the issue of the range of sources of criminal law of the Russia. The positions of scientists who attribute the Constitution of the Russian Federation, international treaties of the Russian Federation, normative acts of other industries, decisions of the Plenum of the Supreme Court of the Russian Federation to these sources are critically assessed. According to the author, today the real range of regulations containing criminal legal regulations is represented by the following documents: the Criminal Code of the Russian Federation; decisions of the Constitutional Court of t
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19

Radov, V. V. "On stare decisis in criminal law." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 17, 2024): 251–59. http://dx.doi.org/10.17803/2311-5998.2024.116.4.251-259.

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The article considers the place of the principle of stare decisis and the effect of its key parameters in the context of modern criminal law. The author proceeds from the fact that the precedent character of criminal law positions of the highest court directly follows from the constitutional requirements of equality of all before the law and the court, describes the basis of this principle in Russian realities. The author shows the groundlessness of the explanations of the Supreme Court of the Russian Federation and the chaotic formation of its quarterly reviews. The author proposes not to con
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20

Aslanyan, Ruslan G. "Sources of specification and interpretation of the prescriptions of a special part of Russian criminal law." Gosudarstvo i pravo, no. 2 (July 15, 2024): 74–81. http://dx.doi.org/10.31857/s1026945224020078.

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The article examines the system of formal sources of Criminal Law, which, during consideration and analysis, is thought of as a set of forms of expression of criminally relevant information, differentiated depending on the content of information, subjects of its presentation, purpose in the mechanism of criminal law regulation and clearly falling into two related groups: related to the criminal law prohibition in as a whole and to the composition of the crime. As the main conclusion, a system of formal sources of a Special part of Criminal Law is proposed, consisting of two groups of acts: a)
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21

Козырева, Е. В. "ON THE DEVELOPMENT OF THE INSTITUTE OF COMPENSATION FOR MORAL DAMAGE, TAKING INTO ACCOUNT THE NEEDS OF THE PRACTICE." Вестник Тверского государственного университета. Серия: Право, no. 1(73) (March 20, 2023): 22–26. http://dx.doi.org/10.26456/vtpravo/2023.1.022.

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Объектом исследования выступает компенсация морального вреда как институт гражданского права. Целью работы является проведение сравнительного анализа двух постановлений Пленума Верховного Суда РФ, посвященных компенсации морального вреда (ныне принятого и утратившего силу). Обосновывается необходимость принятия постановления Пленума Верховного Суда РФ от 15 ноября 2022 г. № 33 для потребностей практики. Сформулирована авторская позиция о его значении для развития науки. The object of research is compensation for moral damage as an institution of civil law. The purpose of the work is to conduct
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22

Pavlikov, S. G., and V. S. Gabasov. "On the implementation of the Supreme Court of Russia of article 126 of the Constitution in conditions of destabilization of the socio - economic situation." Russian Journal of Legal Studies 1, no. 4 (2014): 170–74. http://dx.doi.org/10.17816/rjls17981.

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It is proved that under the conditions of modern negative socio - economic situation need to become more active role of the Supreme Court as a body, in accordance with Art. 126 of the Russian Constitution gives clarifications on issues of judicial practice, the adoption of the resolutions of the Plenum of the workings of the courts of General jurisdiction in terms of attempts at encroachment on the sovereignty of the Russian Federation.
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23

Tymoshenko, A. S. "The Legal Positions of the Supreme Court of the Russian Federation on the Issues of the Group of Persons and Prohibit for Anti-Competitive Agreements, Which Were Refl ected in the Decision No. 2 of its Plenum of March 4th, 2021." Russian competition law and economy, no. 1 (March 24, 2022): 8–15. http://dx.doi.org/10.47361/2542-0259-2022-1-29-8-14.

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The article discusses the legal positions of the Supreme Court of the Russian Federation for a number of interrelated issues about the group of persons and prohibiting the anticompetitive agreements set out in the Resolution of its Plenum № 2 «On some issues arising from the application of the courts of antimonopoly legislation» of March 4 2021. The author off ers answers to numerous questions that have arisen in connection with the application of these legal positions, based on the analysis of the current legislation of the Russian Federation and the current law enforcement practice.
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24

Andreev, V. K. "Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities." Rossijskoe pravosudie 6 (May 26, 2021): 27–32. http://dx.doi.org/10.37399/issn2072-909x.2021.6.27-32.

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The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of indi
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25

Volgin, Yury, Irina Gaag, and Alexander Naumov. "Criminal Law Violations in Labour Safety at Coal Mining Enterprises." E3S Web of Conferences 105 (2019): 02018. http://dx.doi.org/10.1051/e3sconf/201910502018.

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The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Fi
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26

Nagornov, Kirill Igorevich. "Court’s modification of category of gravity of the committed offence and implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation: problems of theory, legislative regulation, and law enforcement." Юридические исследования, no. 11 (November 2021): 59–84. http://dx.doi.org/10.25136/2409-7136.2021.11.35044.

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Leaning on the analysis of the provisions of current legislation, clarification of the supreme judicial authority, scientific doctrine, case law materials and statistics, this article explores the implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation, after court’s modification of the category of gravity of the committed offence in accordance with the Part 6 of the Article 15 of the Criminal Code of the Russian Federation. The goal of this research lies in assessment from the perspective of the theory of criminal law of such specif
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27

Belyshkov, Dmitry Sergeevich. "The constitutional prohibition of the use of evidence obtained in violation of the law in the practice of the Supreme Court of the Russian Federation." Право и политика, no. 2 (February 2025): 52–64. https://doi.org/10.7256/2454-0706.2025.2.73453.

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The work delves into the history of the application of the constitutional rule prohibiting the use in court of evidence obtained in violation of the law. The author achieves the goal of identifying systemic contradictions in the practice of the Supreme Court of the Russian Federation – a balance between the letter of the law and the search for truth. Since 2017, the courts have begun to sift out only evidence with "significant" violations, leaving a loophole, which is proposed to be called the "principle of good faith violation." However, the boundary between significant and non-essential viol
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28

Habibullina, A. S. "Some controversial issues of termination of the employment contract at the initiative of the employee." Voprosy trudovogo prava (Labor law issues), no. 6 (June 30, 2023): 352–57. http://dx.doi.org/10.33920/pol-2-2306-05.

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In this article, the author examines the issues of judicial practice in the application of the provisions of labor legislation on termination of an employment contract at the initiative of an employee. Despite the apparent simplicity of such a procedure, litigation often reaches the Supreme Court of the Russian Federation, and is also the subject of clarifications contained in Resolutions of the Plenum and Reviews of the highest judicial body in the Russian Federation.
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29

Goncharova, Valeriya. "Criteria for the admissibility of a reduction by the court of the costs of paying for the services of a representative of the victim: the applicability of a cross-sectoral approach." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 4 (2022): 128–34. http://dx.doi.org/10.36511/2078-5356-2022-4-128-134.

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Common to all types of domestic legal proceedings is the presence of such a variety of procedural costs as the cost of paying for the services of a representative of the injured party. At the same time, the amount of legislative regulation of these costs varies depending on the type of process: in contrast to the civil procedural and arbitration legislation, the Code of Criminal Procedure of the Russian Federation does not contain provisions that give the court the right to reduce these amounts. At the same time, only an indirect argument in favor of the court having such an opportunity are th
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30

Safronov, A. Yu. "Vehicle Seizure for the Purpose of its Confiscation as a Measure to Enforce Criminal Proceedings in Russia." Lex Russica 76, no. 9 (2023): 32–43. http://dx.doi.org/10.17803/1729-5920.2023.202.9.032-043.

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The paper analyses the seizure of property as one of the basic institutions of ensuring criminal justice in Russia. The author provides the most recent practice of district (city) courts, as well as courts of constituent entities of the Russian Federation, based on the legal standing of the Supreme Court of the Russian Federation in compliance with the new paragraph «d« of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation regulating confiscation of a vehicle used in the commission of crimes stated in Articles 264.1, 264.2 or 264.3 of the Criminal Code. The statutory provis
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31

Lavrushkina, A. "Criminal law of fraud using payment cards." Bulletin of Science and Practice 4, no. 5 (2018): 544–49. https://doi.org/10.5281/zenodo.1246583.

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The work analyzes the elements of the crime provided for in Article 159.3 of the Criminal Code of the Russian Federation. Its subjective and objective features are considered, taking into account the explanations presented in the resolution of the Plenum of the Supreme Court of the Russian Federation of November 30, 2017. The author separately studied the elements of the objective and subjective aspects of the crime, identified the relevant features of the composition in question.
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32

Ovsyannikov, Igor. "TERMINATION OF A CRIMINAL CASE IN A SPECIAL ORDER." Man: crime and punishment 33, no. 1 (2025): 30–35. https://doi.org/10.33463/2687-1238.2025.33(1-4).1.030-035.

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The article examines the possibility of a court making a procedural decision to terminate a criminal case on a non-rehabilitating basis within the framework of a special procedure for judicial proceedings, with the consent of the accused to the charges brought against him. The legal positions of the Plenum of the Supreme Court of the Russian Federation on this issue are analyzed. The proposals for changing the name of the petition of the accused in Chapter 40 of the Code of Criminal Procedure of the Russian Federation, which initiates the application of a special procedure by the court, and th
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33

Pikin, I. V., and I. A. Tarakanov. "THE CONCEPT AND ESSENCE OF PROVOCATION OF NECESSARY DEFENSE." Law Нerald of Dagestan State University 38, no. 2 (2021): 131–34. http://dx.doi.org/10.21779/2224-0241-2021-38-2-131-134.

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The article is devoted to the concept and essence of provocation of necessary defense. The authors analyze the provisions of article 37 of the criminal code of the Russian Federation, Plenum of the Supreme Court of the Russian Federation from 27.09.2012 № 19 «About application by courts of legislation on necessary defense, and causing harm when apprehending person, who committed the crime», opinions among legal scholars on the criminal legal evaluation of the actions committed in the defense of the assault, which was triggered by the defending entity. As a result of the conducted research, the
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34

Ivanchin, Artem V., Artem T. Valeev, and Tat’yana V. Lobacheva. "Actual problems of applying of the norms of parole and replacing the unserved part of the punishment with a softer form in the context of the explanations of Resolution of the Plenum of the Supreme Court of the Russian Federation on October 28, 2021." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 16, no. 1 (2022): 82. http://dx.doi.org/10.18255/1996-5648-2022-1-82-91.

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The article adresses the problems of applying the institutions of parole and replacing the unserved part of the punishment with a softer form for convicts, for whom the court had previously replaced imprisonment with a milder form of punishment in the form of forced labor in accordance with Art. 80 of the Russian Criminal Code, in the context of the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation on October 28, 2021 No. 32.
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35

Golenko, Diana. "Issues of Interpretation of the Special Part of the Criminal Law." Legal Linguistics, no. 27(38) (April 1, 2023): 31–33. http://dx.doi.org/10.14258/leglin(2023)2705.

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The article examines some issues of interpretation of the provisions of the Special Part of the Russian criminal law. Some debatable issues related to the subject of interpretation and the limits of the interpretation of the criminal law are outlined. It is indicated that the opinion about whether the judiciary can interpret the law, or only the legislator has such a right, is currently not popular. Most researchers believe that the judiciary has the right to interpret the criminal law. Attention is drawn to some types of interpretation. The issues of judicial interpretation of the Special Par
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36

Zabuga, Evgeny Evgenyevich. "CONTROVERSIAL ISSUES OF SUBSUMPTION OF MALFEASANCE." Law Enforcement Review 2, no. 2 (2018): 64–69. http://dx.doi.org/10.24147/2542-1514.2018.2(2).64-69.

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The subject. The article deals with subsumption of malfeasance, judicial characterization of such white-collar crimes.The purpose of the paper is to answer the question of admissibility of qualification of ho-mogeneous actions of a person according to two separate art. 285 and 286 of the Criminal Сode of the Russian Federation.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of normative legal and judicial acts).Results and scope of applica
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Novikova, T. V. "Identification by the Сourt of Choice of Law Agreement Permissibility and Validity (in the Light of the Supreme Court of the Russian Federation Plenum Explanation of 9 July 2019)". Rossijskoe pravosudie 3 (21 лютого 2020): 5–13. http://dx.doi.org/10.37399/issn2072-909x.2020.3.5-13.

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Problem statement. Standard of choice of law by the parties to international contractual relations is set by article 1210 of the Russian Federation Civil Code, which nevertheless does not cover issues of choice of law agreement permissibility and validity. Goals and tasks of the research. Goal – analysis of legal foundation for the court to identify choice of law agreement permissibility and validity – in the light of the Supreme Court of the Russian Federation plenum explanation of 09 July 2019. Tasks: review of approaches to identify choice of law agreement validity and criticism towards som
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38

Mashinnikova, N. O. "DISCUSSION ISSUES OF THE LEGISLATIVE INITIATIVE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION REGARDING AMENDMENTS TO ARTICLES 314 AND 316 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION." Bulletin of Udmurt University. Series Economics and Law 29, no. 6 (2019): 877–84. http://dx.doi.org/10.35634/2412-9593-2019-29-6-877-884.

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In this article the author considers the simplified procedures of judicial proceedings from the point of view of their compliance with the basic principles of criminal proceedings, enshrined in the Code of Criminal Procedure of the Russian Federation. The article concludes that the race for the economic efficiency of any state process affected the proceedings as well. This was the reason that justice, as a service, was reborn in the state service of justice, which in turn led to a decrease in its quality, which according to the author is expressed not so much in the absence of "cancellations"
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39

Soldatkina, R. "Complex of consumer's legal warranties with purchase of goods." Bulletin of Science and Practice 4, no. 1 (2018): 291–96. https://doi.org/10.5281/zenodo.1147090.

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The legislation of the Russian Federation, protecting the rights of consumers in the sale and purchase relationship, provided them with a whole range of legal guarantees. This article examines the specifics of the content, implementation, protection mechanism, as well as the problematic issues of their application, demonstrates the effect of protective measures in judicial practice. Conclusions are drawn on the need to change judicial practice, possible only with the unambiguous formulation of new recommendations at the level of law or decisions of the Plenum of the Supreme Court of the Russia
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40

Zasemkova, O. F. "Application of para. 4 of Article 248.1 of the Arbitrazh Procedural Code of the Russian Federation: issues raised by the court practice." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 18, 2023): 76–85. http://dx.doi.org/10.17803/2311-5998.2023.109.9.076-085.

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The article examines the practice of application of Article 248.1 of the Arbitrazh Procedural Code of the Russian Federation by Russian courts. On the basis of the doctrine and judicial practice analysis, the author highlights two approaches to the interpretation of the condition limiting the sanctioned party`s access to justice which allows to transfer a dispute to the jurisdiction of the Russian arbitration court despite the clause referring the dispute to a foreign court or arbitration. Considering each of these approaches, the author concludes that this condition should not be interpreted
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41

Miliukov, S. F., and O. Yu Stepanova. "Actual Qualification Problems of Sexual Crimes: the Limits of Judicial Interpretation." Russian Journal of Legal Studies 2, no. 4 (2015): 107–13. http://dx.doi.org/10.17816/rjls18085.

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This article presents a critical analysis of postmen of the Plenum of the Supreme Court of the Russian Federation «On judicial practice in cases of crimes against sexual inviolability and sexual freedom of the individual». The authors point out the limitations of WHO- judicial interpretation opportunities due to serious structural under-STATCOM relevant criminal law and suggest ways to improve them.
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42

Галов В, В. "ЕДИНООБРАЗИЕ СУДЕБНОЙ ПРАКТИКИ КАК ПРОЯВЛЕНИЕ КОНСТИТУЦИОННОГО ПРИНЦИПА ПРАВОВОЙ ОПРЕДЕЛЕННОСТИ". Higher School Companion 4, № 4(19) (2024): 188–99. https://doi.org/10.55346/27825647_2024_4_188.

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В статье рассматривается вопрос об обеспечении единства судебной практики как проявление конституционного принципа правовой определенности. Автор предлагает восстановить в законе обязательность толкования закона в интерпретации Пленума Верховного Суда Российской Федерации. Также предлагается определить условия обязательности толкования закона в определениях Судебных коллегией Верховного Суда. The article examines the question of ensuring the unity of court practice as a manifestation of the constitutional principle of legal certainty. The author proposes to restore in law the mandatory interpr
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43

Vinnitskiy, Andrey Vladimirovich, Viktor Viktorovich Kruglov, and Mikhail Sergeevich Solovev. "To the question on the priority of the natural form of compensation for damage caused to the environment (on the example of water objects and soils)." Юридические исследования, no. 12 (December 2020): 18–30. http://dx.doi.org/10.25136/2409-7136.2020.12.34809.

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The subject of this research is the provisions of current environmental and civil legislation that establish the grounds, procedure and forms of compensation for damage caused to the environment. The article examines, generalizes and critically analyzes the practice of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, and arbitration courts on consideration of disputes related to the compensation for damage caused to the environment. Special attention is given to the decision of the Constitutional Court of the Russian Federation No.12-P of 06.02.2015
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44

Belova, Irina E. "Joint bankruptcy of spouses: theory and practice issues." Current Issues of the State and Law, no. 18 (2021): 271–80. http://dx.doi.org/10.20310/2587-9340-2021-5-18-271-280.

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We research the issue of the current law enforcement practice of considering cases of joint bankruptcy of spouses in the framework of insolvency procedures of individuals. We emphasize that at the legislative level, joint bankruptcy of spouses and multiple persons on the debtor’s side is not provided for. Initially, this resulted in a lack of courts’ uniform approach, which has become a subject of discussion in the scientific literature. In this context, we pay attention to the importance of adoption by the Plenum of the Supreme Court of the Russian Federation of position on the combining admi
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Taranenko, Vladimir, Stanislav Kharitonov, Maria Reshnyak, and Sergey Borisov. "Topical Issues of Improving Criminal Law Measures Against Kidnapping, Illegal Imprisonment, Human Trafficking and the Use of Slave Labor." Russian Journal of Criminology 14, no. 3 (2020): 481–94. http://dx.doi.org/10.17150/2500-4255.2020.14(3).481-494.

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This research is aimed at identifying the problems of the regulation and enforcement of current criminal law norms for counteracting such crimes against human freedom as kidnapping, illegal imprisonment, human trafficking and the use of slave labor, as well as at working out suggestions on solving these problems. The sphere of the research is public relations that emerge in connection with the development and enforcement of criminal law norms on liability for these infringements on personal freedom. The object of research is a number of problems in legislation, theory and practice whose analys
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Семибратова, В. З. "Актуальные вопросы отсроч­ки от отбывания наказания". Ius Publicum et Privatum, № 1(29) (31 березня 2025): 59–62. https://doi.org/10.46741/2713-2811.2025.29.1.017.

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В последние годы суды во главе с Верховным Судом Россий­ской Федерации идут по пути расширения практики применения отсрочки от отбывания наказания. На основе анализа судебной практики показан неод­нородный подход судов к критериям применения отсрочки, а также сокраще­ния ее срока с дальнейшим освобождением от отбывания наказания. Сделан вывод о необходимости учета судами всех инстанций разъяснений Пленума Верховного Суда Российской Федерации, а также максимально полного уче­та интересов ребенка при принятии решения в отношении родителя которого ставится вопрос об отсрочке от отбывания наказани
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47

FILCHENKO, D. G., and E. A. EVTUKHOVICH. "ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”." Herald of Civil Procedure 11, no. 4 (2021): 282–98. http://dx.doi.org/10.24031/2226-0781-2021-11-4-282-298.

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The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are p
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48

Savkov, D. S., and V. M. Savkova. "Legal issues of compensation for moral damage during the provision of medical services." Public health of the Far East Peer-reviewed scientific and practical journal 97, no. 3 (2023): 62–68. http://dx.doi.org/10.33454/1728-1261-2023-3-62-68.

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The resolution of the growing number of claims against medical organizations by patients and their relatives is permissible only in accordance with clear legal grounds. They are detailed in the Decree of the Plenum of the Supreme Court of the Russian Federation of November 15, 2022 No. 33 [1] and will be useful to the parties of a medical dispute to substantiate their legal position.
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Fedorov, Aleksandr V. "Smuggling of Same Items Committed on Numerous Occasions as Single and Cumulative Crime." Russian investigator 18 (September 28, 2017): 3–10. http://dx.doi.org/10.18572/1812-3783-2017-18-3-10.

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The author analyzes articles 200¹, 200², 226¹ and 229¹ of the Criminal Code of the Russian Federation stipulating liability for smuggling taking into account the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 27, 2017 No. 12 On Judicial Practice in Smuggling Cases. Special attention is paid to consideration of issues related to definition of smuggling as a single and cumulative crime committed by means of illicit transfer of the same items of smuggling across the customs border of the Customs Union within the EAEC (EAEU customs border)
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50

Naumov, Anatoly. "The Theory of Criminal Law Should Not Be Reduced to the Analysis and Criticism of Criminal Legislation." Proceedings of the Institute of State and Law of the RAS 14, no. 1 (2019): 121–40. http://dx.doi.org/10.35427/2073-4522-2019-14-1-naumov.

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In both normative and sociological senses criminal law includes three components — criminal legislation, judicial practice, and criminal law doctrine, and the development of this branch of law is possible only in their unity. The criminal law doctrine is to a certain extent superior to the other components of the "triad" and involves the development of the branch’s principles, goals and objectives. At the same time, the improvement of criminal law is not the only goal of the theory of criminal law. It should not be limited only to criticism of the current legislation and proposals for its impr
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