Criminal Misconduct and its Role in Interdisciplinary Differentiation of Responsibility

Evgenia Victorovna Rogova, Roman Zabavko

2021

Abstract

The article raises the problem of the content of the category of «criminal misconduct», the idea of which has recently been discussed more and more often at the doctrinal and legislative levels. The study has been conducted with the use of dialectical methods of analysis and synthesis, and also comparative-legal, historic research, method of legal modeling. The objective was to establish logical and formal content of this category, to define positive and negative effects from its inclusion into the text of the Criminal Code of the Russian Federation in the variant it was proposed by the Supreme Court of the Russian Federation. The main tasks of the study are the analysis of the approaches to understanding of category «criminal misconduct», concept of its legislative realization, finding drawbacks of legal constructions, proposed by the Supreme Court of the Russian Federation, prediction of social and political effects of suggested reform. It is noted that the proposed content of criminal misconduct makes it actually grounds for exemption from criminal liability with other criminal measures. It is argued that the best option to implement the idea of criminal misconduct is to enshrine it as an independent criminal category, which would include crimes that are classified as the least dangerous in the current Criminal Code, as well as the most dangerous administrative offences, which have «border» compositions in the criminal law.

Paper Citation

in Harvard Style

Rogova E. and Zabavko R. (2021). Criminal Misconduct and its Role in Interdisciplinary Differentiation of Responsibility. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 118-122. DOI: 10.5220/0010630100003152

in Bibtex Style

@conference{closa21,
author={Evgenia Victorovna Rogova and Roman Zabavko},
title={Criminal Misconduct and its Role in Interdisciplinary Differentiation of Responsibility},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={118-122},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010630100003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Criminal Misconduct and its Role in Interdisciplinary Differentiation of Responsibility
SN - 978-989-758-532-6
AU - Rogova E.
AU - Zabavko R.
PY - 2021
SP - 118
EP - 122
DO - 10.5220/0010630100003152