Articles

Despite the requirement for clarity of terminology, the text of the criminal law has polysemy — the ability of a word, phrase, or other constructive object to have several meanings. The article analyzes the most problematic, according to the author, phenomena of polysemy in the criminal legislation of Russia. Some aspects of interbranch polysemy are considered. The terms with ambiguous or undefined definitions are identified, the real problems of law enforcement related to polysemy in criminal law are fixed, the main causes of the polysemy are identified, and ways to overcome the duality of interpretation of criminal law terms are indicated.

The article discuses the circumstances in which the appearance of self-incrimination and reservation on the part of the person held criminally liable. The main criteria are given that allow one to assess the reliability of a person’s confession of guilt in a crime and to distinguish between true and false confessions. When assessing the confession obtained, it is necessary to take into account how fully and accurately the accused (suspect) is aware of the circumstances and details of the criminal event. In addition, it is necessary to take into account the possible suggestive nature of the various investigative actions used in the process of incriminating a person of a committed crime, presenting material evidence and other factual information.

Federation Council is the chamber of the Federal Assembly of Russia (parliament of the Russian Federation). The author analyzes the procedures for the formation of the chamber — in the past and at present. Attention is drawn to the fact that in this process the sending of federal and regional functionaries to the Council of the Federation is prevailing. The author suggests proceeding to the election of members of the Federation Council by the population of the constituent entities of the Russian Federation.

The article deals with the problems of practical application of Article 172.2 of the Criminal code of the Russian Federation. The emphasis is focused on the consideration of the features of its construction, entailing the qualification of acts related to criminal fundraising schemes as fraud under Article 159 of the Criminal code of the Russian Federation.

The article analyzes the problems of applying to persons aged 18–20 years the provisions of Chapter 14 of the Criminal Code of the Russian Federation on the specifics of criminal liability and punishment of minors. The author concludes on the basis of a generalization of judicial practice materials on the problems under consideration.

The article analyzes courts decisions on crimes under art. 242 paragraph 3(b) and art. 242.1 paragraph 2(g) of the Russian Criminal Code. The author differentiates the concepts of “telecommunication networks” and “online media”. Special attention is paid to the issue of determination whether a person has intent on placement and distribution of pornographic materials or objects by the means of file-sharing (peer-to-peer) networks.

The article on the basis of various sources describes apartment ownership in German cities in the Middle Ages and early Modern times. For the first time apartment ownership was mentioned in written sources in the XII century and it had developed over centuries as a customary law institution. Over time, the provisions introduce measures against this institution for practical reasons.

Since the 1990s has been a trend of active interaction between the state and confessions in the Russian Federation, expressed, inter alia, in the practice of concluding agreements (contracts) of Executive authorities and religious organizations. At the same time, the legislation on freedom of conscience and on religious associations does not contain normative bases for the conclusion of such agreements, in connection with which the legal qualification of their nature is significantly complicated. The article analyzes the content of state-confessional agreements, offers conclusions about their place in the system of sources of Russian constitutional law and the need to introduce legislative regulation of the procedure for concluding such agreements as guarantees and protection of constitutional principles and subjective rights of citizens.