Technique of Qualifying Elements Consolidation in Criminal Law of SCO Member Countries

  • Mikhail KOSTYUK Plekhanov Russian University of Economics, Russian Federation
  • Vladimir GOLUBOVSKII Federal Penitentiary Service of Russia, Russian Federation
  • Elena KUNTS Chelyabinsk State University, Russian Federation
  • Dinara GOSTKOVA Chelyabinsk State University, Russian Federation

Abstract

The relevance of the paper is explained by the complicated international situation, exacerbation of Russia’s relations with Western countries and growth of cooperation with the Asian ones, especially with member states of the Shanghai Cooperation Organization. It is also associated with greater attention paid to the international and national law doctrines and problems pertaining to the regional aspect of this organization. The objective of the research is revealing and describing the particularities of technique of qualifying elements consolidation in criminal law of the Shanghai Cooperation Organization member countries, as well as wording the theoretical provisions which matter for improvement of the criminal law with regard to ensuring the human and civil security, rights and liberties. The leading research method of the problem is the comparative legal one, which enabled to compare the techniques of qualifying elements consolidation, as well as the structure and system of building the criminal codes in the countries under consideration. The paper traces the influence of the unified Soviet legislation on the laws of the Shanghai Cooperation Organization member countries, except the PRC, which explains the structural similarity of their criminal codes, as well as practices in the qualifying elements consolidation technique. It has been determined that the legislation of almost all countries considered provides for the qualifying elements ‘from mercenary motives’, ‘from molester motives’, ‘for covering up another crime’, ‘for facilitating the commission of another crime’. The experience of the PRC, Kazakhstan and Uzbekistan is seen as positive in recording the clarification of some terms in a chapter, article or section as appropriate at the legislation level.

References

[1] Big Soviet Encyclopedia. 1969-1978. Prejudice. Available at: http://dic.academic.ru/dic.nsf/ruwiki/139348. (accessed June 20, 2017).
[2] Borisov, S.V. 2012. Extremist Nature Crimes: the Problems of Legislation and Law Enforcement. Moscow: Moscow University of the RF Ministry of Internal Affairs.
[3] Borzenkov, G.N. 2009. Crimes against Life and Health: Law and Law Enforcement Practice: a Study and Practical Guide. Moscow: Zertsalo.
[4] Criminal Code of the Kyrgyz Republic No. 68 of October 1, 1997. Available at: http://online.adviser.kg/document/?doc_id=30222833. (accessed July 23, 2017).
[5] Criminal Code of the People's Republic of China of March 14, 1997. Available at: http://ru.china-embassy.org/rus/zfhz/zgflyd/t1330730.htm. (accessed August 25, 2017).
[6] Criminal Code of the Republic of Kazakhstan No. 226-V of July 3, 2014. Available at: http://continent-online.com/Document/?doc_id=31575252. (accessed August 20, 2017).
[7] Criminal Code of the Republic of Tajikistan No. 574 of May 21, 1998. Available at: http://continent-online.com/Document/?doc_id=30397325#sub_id=1040000 (accessed August 25, 2016).
[8] Criminal Code of the Republic of Uzbekistan of September 22, 1994. Available at: http://fmc.uz/legisl.php?id=k_ug. (accessed September 25, 2017).
[9] Criminal Code of the Russian Federation of 13.06.1996. N 63-FZ. Available at: http://www.consultant.ru/document/cons_doc_LAW_10699/. (accessed September 28, 2017).
[10] Dyusenbaeva, A.K. 2011. Multiple Offences in the Criminal Legislation of the Republic of Kazakhstan. Moscow: All-Russia Scientific and Research Institute of the Ministry of Internal Affairs of the Russian Federation.
[11] Gevorgyan, V.M. 2007. Criminal Liability for Hired Killing (Assassination) in Legislation of the CIS and Baltic Countries. Contemporary Law, 11: 88–92.
[12] Ivchenko, O.S. 2002. The Problems of Motive and Purpose of Murder in the Criminal Law of Russia. Moscow: Scientific and Research Institute for Problems of Consolidation of Legality and Public Order at the RF General Prosecutor Office.
[13] Kanadina, N.E. 2010. Criminal Liability for Murder in the CIS and Baltic Countries: a Comparative Legal Study. Moscow: Moscow State Linguistic University Press.
[14] Kostareva, T.A. 1998. Differentiation of Criminal Liability. Theory and Legislative Practice. Moscow: Norma.
[15] Kunashev, A.A. 2011. Motives of Hatred or Enmity in the Criminal Law of the CIS and Baltic Countries. Black Holes in Russian legislation, 1: 78–81.
[16] Mirzametov, A.M. 2011. Criminal Law and Criminological Analysis of Willful Infliction of Medium Gravity Bodily Harm. Makhachkala: Dagestan State University Press.
[17] Mustafadze, A.G. 2004. Qualification of Murders According to Motive and Purpose. Moscow: Moscow State Legal Academy.
[18] Pavlutskaya, S.V. 2009. Murders Committed under Aggravating Circumstances Characterizing the Particularities of the Mental Element of the Crime. Vladivostok: Far Eastern State University Press.
[19] Petrova, I.S. 2008. Liability in the Criminal Law of Russia and Foreign Countries for Murders under Aggravating Circumstances Pertaining to the Victim's Personality. Kazan: Poznanie.
[20] Plaksina, T.A. 2015. Regulating the Liability for Qualified Types of Murders in the Criminal Legislation of Russia, Kazakhstan, Kyrgyzstan and Mongolia: a Comparative Legal Study. Bulletin of Tomsk State University. Law, 3(17): 48–57.
[21] Platoshkin, N.A. 2007. Criminal Law Significance of Molester Motives. Moscow: Moscow State Legal Academy Press.
[22] Regulative Resolution of the Supreme Court of the Republic of Kazakhstan No.1 of May, 11, 2007 ‘On Qualification of Some Crimes against Human Life and Health’. Available at: http://adilet.zan.kz/rus/docs/P07000001S_. (accessed October 26, 2017).
[23] Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 06 of 26.06.2007. ‘On judicial practice in cases of infliction of willful bodily injury’. Available at: http://supCourt.uz/upload/userfiles/imagesfiles/640fc6e012cc6587a842513f28972997.pdf. (accessed October 29, 2017).
[24] Shagvaliev, R.M. 2011. Liability for Battering and Torture under the Criminal Law of Russia and Foreign Countries. Moscow: Academy of Economic Security of the Ministry of Internal Affairs of the Russian Federation.
[25] Shanghai Convention on Combating Terrorism, Separatism and Extremism from June 15, 2001. Available at: https://normativ.kontur.ru/document?moduleId=1anddocumentId=10927. (accessed October 26, 2017).
[26] The Encyclopedic Dictionary of Constitutional Law. 2001. Available at: http://goo.gl/eS0Hvp. (accessed May 10, 2017).
Published
2018-12-23
How to Cite
KOSTYUK, Mikhail et al. Technique of Qualifying Elements Consolidation in Criminal Law of SCO Member Countries. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 3(33), p. 1018-1025, dec. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2553>. Date accessed: 24 mar. 2019. doi: https://doi.org/10.14505//jarle.v9 3(33).28.