The author’s project ‘Criminal law gatherings at N.A. Lopashenko’s’ together with the Saratov Branch Office of the Union of Criminalists and Criminologists

‘HODGE-PODGE’

Viktor N. Vinokurov, Candidate of Legal Sciences, Associate Professor of the Chair of Criminal Law and Criminology at the Law Institute of the Ministry of Internal Affairs of the Russian Federation (Krasnoyarsk)

Yulia Ye. Fedotova, Candidate of Legal Sciences, practicing lawyer (Krasnodar)

Organizer: Natalia A. Lopashenko, Doctor of Legal Sciences, Professor, Professor of Saratov State Academy of Law, Winner of the National Prize for Literature in the field of Law, Honoured Lawyer of the Russian Federation.

On 6 October 2020, a regular online meeting of the author’s project ‘Criminal law gatherings at N.A. Lopashenko’s’ was arranged together with the Saratov Branch Office of the Union of Criminalists and Criminologists. For the first time, the meeting was held in the Hodge-Podge format.

More than 75 researchers and practitioners from all regions of Russia and neighboring countries, Ukraine and the Republic of Belarus, Kazakhstan, Armenia, participated in the online meeting.

At the beginning, the organizer, Professor Natalia A. Lopashenko, addressed the event participants with a welcome speech. She presented to everyone the video of the President of the Supreme Court of the Russian Federation (SC RF), Vyacheslav M. Lebedev’s speech at the Plenary Session of the SC RF on 13 October 2020. The speech was dedicated to the draft federal law ‘On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation in connection with the introduction of the concept of criminal offence’ submitted to the State Duma of the Federal Assembly of the Russian Federation.

Viktor N. Vinokurov made the first report on the topic ‘Insignificance of an act: understanding and limits of application.’ The author demonstrated a large number of problematic issues in the application of the norm of insignificance using examples from judicial practice and provisions of the SC RF plenary decisions. After the report, Viktor answered the following questions:

  • Professor Natalia A. Lopashenko (Saratov): ‘Do you admit the possibility of recognizing as a minor act not a serious, but a particularly serious crime?’
  • Associate Professor Roman E. Tokarchuk (Simferopol): ‘Is it possible to apply the norm of insignificance when exceeding the limits of circumstances that exclude the criminality of the act?’
  • Associate Professor Vladimir N. Shikhanov (Irkutsk): ‘Is it necessary to take into account the personality of an actor when recognizing an act as insignificant?’

Other questions were raised by Professor Valentin I. Mikhailov (Moscow), Associate Professor Andrey G. Kudryavtsev (Voronezh), Associate Professor Elena V. Fomenko (Moscow), Professor Alexey G. Kibalnik (Stavropol), Professor Kirill K. Panko (Voronezh) and Professor Evgeny V. Blagov (Yaroslavl).

Associate Professor Maxim V. Feoktistov (Krasnodar) made a remark and expressed his own opinion on the topic of the report.

The second speaker, Yulia Ye. Fedotova, presented a report on the topic ‘Application of Russian criminal law: the clash of theory and practice.’ Some of the questions received from the audience were:

  • Professor Natalia A. Lopashenko (Saratov): «Please, tell us more about the Kuban cannibals’ (the Baksheevs) case, whose protection you provide.’; ‘What do you find a determining factor for yourself when you decide to believe an outcast?’
  • Professor Alexey G. Kibalnik (Stavropol): ‘How does the thesis about the widespread use of incarceration combine with the fact that the prison population is now kept to a minimum?’
  • Professor Viktor I. Gladkikh (Moscow): ‘What would you identify as the reasons for the low quality of work in law enforcement agencies?’
  • Associate Professor Anna M. Heating (Rostov-on-Don): ‘What shortcomings can be seen today in modern scientific and educational activities related to criminal law?’
  • Adjunct of the Academy of the Federal Penitentiary Service of Russia Sergey A. Korneev (Ryazan): ‘How can the professionalism of law enforcement officers be improved?’

Other questions were asked by Professor Valery F. Lapshin (Ryazan), Associate Professor Olga Nikolaevna Ageeva (Saransk), Associate Professor Konstantin V. Chemerinsky (Pyatigorsk).

Remarks and additions were either made by: Associate Professor Maxim A. Peshkov (Moscow), Professor Sofia Ya. Likhovaya (Kiev), Professor Elvira L. Radnaeva (Ulan-Ude), Professor Yakov I. Gilinsky (Saint Petersburg).

Summing up, each of the speakers expressed their opinion about the discussion and answered questions received in the chat. The organizer, Professor Natalia A. Lopashenko thanked the participants and main speakers for an interesting dialogue.

In conclusion, a practicing lawyer Yulia E. Sosedova (Tambov) told about current novelties in the field of literature and cinematography, which she recommended for watching or reading.

The review was prepared by the Secretary of the Saratov Branch Union of Criminalists and Criminologists, Roman Komyagin

Translated by Elizaveta Ovchinnikova

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