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26.06.2024
14:30–16:00
Criminalization and Decriminalization: Striking a Balance
Congress Centre, conference hall B3
Broadcast
The use of criminal law to deter people from carrying out socially dangerous acts requires states to take current threats and challenges, as well as the specifics of social relations and the significance of protected values, into account. In a rapidly changing world, crime is undergoing an equally rapid transformation. At the same time, new crimes are appearing, while certain actions are no longer regarded as socially dangerous. The changes that are taking place require an immediate response from the state, while the stability of legislation continues to be the most important indicator of its effectiveness. Criminal legislation implies the existence of two seemingly mutually exclusive trends – criminalization and decriminalization. During the session, participants will discuss how to find a balance between these trends, with due account of the positive developments that have taken place in criminal legislation. The criteria for establishing and excluding criminal liability, as well as ways of complying with these criteria in lawmaking practice, will also be discussed. How should specific areas of legal relations be taken into account when recognizing acts as criminal or non-criminal? Where is criminal law and the practice of its application heading?
Moderator
Alexey Melnikov
Executive Secretary, Public Supervisory Commission of the City of Moscow
Speakers
Victoria Burkovskaya
Co-Chairman, Center for Public Procedures "Business Against Corruption"
Valery Kalinkovich
First Deputy Chairman of the Supreme Court of the Republic of Belarus
Tatyana Moskalkova
High Commissioner for Human Rights in the Russian Federation
Stanislav Nudel
Head of the Department of Criminal Law and Criminal Procedure and Judicial Organization, Institute of Legislation and Comparative Law under the Government of the Russian Federation
Elina Sidorenko
Director of the Center for Digital Economy and Financial Innovation, MGIMO University; General Director, Platform for Business.RF; Member of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights
Yury Sinelshchikov
First Deputy Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on State Building and Legislation
Vadim Fedorov
Deputy Minister of Justice of the Russian Federation
Mikhail Shalumov
Deputy Head of Department - Head of Division for Systematisation of Legislation and Analysis of Judicial Practice in Criminal Matters, Department for Systematisation of Legislation and Analysis of Judicial Practice, Supreme Court of the Russian Federation
Broadcast
Alexey Melnikov
Executive Secretary, Public Supervisory Commission of the City of Moscow
Victoria Burkovskaya
Co-Chairman, Center for Public Procedures "Business Against Corruption"
Viktoria Burkovskaya has a post-doctoral degree in Law and is one of the leading experts in Criminal Law, majoring in business-related crimes, criminal trial and compliance with anti-corruption law.
Ms. Burkovskaya provides consult in personal data protection, licensing cryptographic activity and cryptographic services.
Between 2006 and 2009 Ms. Burkovskaya held the position of Senior Research Associate at General Prosecutor’s Office Academy, where she prepared legal opinion on various business-related criminal cases, including illegal business operations, money laundering, smuggling, tax evasion etc., as well as crimes against public order and policies, cases tried by the Constitutional Court of the Russian Federation and cases to extradition of Russian citizens.
Viktoria Burkovskaya plays an active role in reforming criminal legislation of the Russian Federation. She’s a member of the Criminal and Commercial Court Working Group (under International Commercial Court in Paris) and the Co-Chairperson of Business Against Corruption (Center of Public Procedures under Delovaya Rossiya). She has authored over 80 works in law journals. Ms. Burkovskaya is a Professor of the Department of Criminal Law, Criminal Process and Forensics at Moscow State Institute of International Relations, where she teaches legal psychology and forensics.
Viktoria Burkovskaya is an alumni of Voronezh State Teacher Training University (1996, cum laude), Moscow State Law Academy (2002, cum laude), post-graduate program of the Research Institute for Legality Consolidation and Public Order under General Prosecutor’s Office (2000) and post-doctoral program of the Management Academy of the Ministry of Internal Affairs (2005).
In 2015 the Ministry of Justice of the Russian Federation awarded Ms. Burkovskaya with a Certificate of Merit. In 2016 Boris Titov, the Presidential Commissioner for Entrepreneurs’ Rights, awarded Viktoria Burkovskaya with a Certificate of Merit for her active pro bono work to defend entrepreneurs’ rights.
Ms. Burkovskaya is a member of Moscow City Bar.
Ms. Burkovskaya provides consult in personal data protection, licensing cryptographic activity and cryptographic services.
Between 2006 and 2009 Ms. Burkovskaya held the position of Senior Research Associate at General Prosecutor’s Office Academy, where she prepared legal opinion on various business-related criminal cases, including illegal business operations, money laundering, smuggling, tax evasion etc., as well as crimes against public order and policies, cases tried by the Constitutional Court of the Russian Federation and cases to extradition of Russian citizens.
Viktoria Burkovskaya plays an active role in reforming criminal legislation of the Russian Federation. She’s a member of the Criminal and Commercial Court Working Group (under International Commercial Court in Paris) and the Co-Chairperson of Business Against Corruption (Center of Public Procedures under Delovaya Rossiya). She has authored over 80 works in law journals. Ms. Burkovskaya is a Professor of the Department of Criminal Law, Criminal Process and Forensics at Moscow State Institute of International Relations, where she teaches legal psychology and forensics.
Viktoria Burkovskaya is an alumni of Voronezh State Teacher Training University (1996, cum laude), Moscow State Law Academy (2002, cum laude), post-graduate program of the Research Institute for Legality Consolidation and Public Order under General Prosecutor’s Office (2000) and post-doctoral program of the Management Academy of the Ministry of Internal Affairs (2005).
In 2015 the Ministry of Justice of the Russian Federation awarded Ms. Burkovskaya with a Certificate of Merit. In 2016 Boris Titov, the Presidential Commissioner for Entrepreneurs’ Rights, awarded Viktoria Burkovskaya with a Certificate of Merit for her active pro bono work to defend entrepreneurs’ rights.
Ms. Burkovskaya is a member of Moscow City Bar.
Valery Kalinkovich
First Deputy Chairman of the Supreme Court of the Republic of Belarus
Tatyana Moskalkova
High Commissioner for Human Rights in the Russian Federation
Stanislav Nudel
Head of the Department of Criminal Law and Criminal Procedure and Judicial Organization, Institute of Legislation and Comparative Law under the Government of the Russian Federation
Elina Sidorenko
Director of the Center for Digital Economy and Financial Innovation, MGIMO University; General Director, Platform for Business.RF; Member of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights
Sidorenko Elina - Doctor of Law, Professor of MGIMO University (Moscow State Institute of International Relations under Ministry of Foreign Affairs of Russia), Head of MGIMO Digital economy centre.
A graduate of the Stavropol State University (now — The North-Caucasus Federal University) in 2001. In 2002 she successfully defended her thesis and in 2013 she successfully defended her thesis for the degree of Doctor of Law. Since 2013 she is Professor of MGIMO University, since 2017 she is the Head of MGIMO Digital economy centre.
Research interests: financial security, digital economy, anti-corruption policy, laundering of the proceeds from crime and financing of terrorism.
She is the author of 150 scientific works.
Sidorenko Elina is actively working as an expert. She is a member of the Expert Council of the RF President's Administration on anti-corruption, the Head of the Working Group of the State Duma of RF Federal Gathering on cryptocurrency circulation risk assessment, the Head of the new digital technologies Expert Council of the Russian Union of Industrialists and Entrepreneurs. Participates in the development of legislation on cryptocurrency circulation regulation in Russia.
A graduate of the Stavropol State University (now — The North-Caucasus Federal University) in 2001. In 2002 she successfully defended her thesis and in 2013 she successfully defended her thesis for the degree of Doctor of Law. Since 2013 she is Professor of MGIMO University, since 2017 she is the Head of MGIMO Digital economy centre.
Research interests: financial security, digital economy, anti-corruption policy, laundering of the proceeds from crime and financing of terrorism.
She is the author of 150 scientific works.
Sidorenko Elina is actively working as an expert. She is a member of the Expert Council of the RF President's Administration on anti-corruption, the Head of the Working Group of the State Duma of RF Federal Gathering on cryptocurrency circulation risk assessment, the Head of the new digital technologies Expert Council of the Russian Union of Industrialists and Entrepreneurs. Participates in the development of legislation on cryptocurrency circulation regulation in Russia.
Yury Sinelshchikov
First Deputy Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on State Building and Legislation
Vadim Fedorov
Deputy Minister of Justice of the Russian Federation
Mikhail Shalumov
Deputy Head of Department - Head of Division for Systematisation of Legislation and Analysis of Judicial Practice in Criminal Matters, Department for Systematisation of Legislation and Analysis of Judicial Practice, Supreme Court of the Russian Federation