The Russian Criminal Code () is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997. The new Criminal Code replaced the Soviet analogue of 1960. The main changes deal with economic crimes and property crimes. These were the main pitfalls of the Soviet Criminal Code, as most of the other chapters were already amended to correspond to new Russian realities.
On 8 January 1997, President Yeltsin signed the Criminal Correctional Code to regulate the conditions of the sentences. The first CRIMINAL-PROCEDURAL CODE OF THE RUSSIAN FEDERATION was enacted on 18 December 2001; it has subsequently been amended.
Synopsis
The UGKRF is a declarative document. It begins with in Article 2 a list of "tasks", such as "the protection of the rights and freedoms of man and citizen, property, public order and public security, the environment, and the constitutional system of the Russian Federation against criminal encroachment, the maintenance of peace and security of mankind, and also the prevention of crimes." To accomplish these tasks, the UGKRF "establishes the ground and principles of criminal responsibility, defines which deeds are recognized as offences dangerous to persons, society, or the State, and establishes the types of punishment and other penal measures for the commission of offences." Only the UGKRF determines criminality; that is, only if a person engages in conduct delineated by this statute can s/he be subject to the criminal label, and thereby punished.
As late as 2002 the principle of non bis in idem seemed to apply to Russian criminal law. In 2009 the plaintiff won the case of Zolotukhin v Russia while the European Court of Human Rights still held sway in the country. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 16 September 2022 in accordance with Article 58.
Lawyers in Russia are substantially concerned with the principle of mens rea, although they may not recognize it as such.
The UGKRF establishes criminality for Trafficking in persons (article 127-1) and Rape (article 131).
Article 226.1 deals with “Smuggling of strong, venomous, poisonous, explosive, radioactive substances, radiation sources, nuclear materials, firearms or their main parts, explosive devices". Article 228 concerns “Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition". Article 228.1 concerns “Illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or transfer of plants containing narcotics". Article 230.1 concerns "Inducing an athlete to use substances and/or methods prohibited for use in sport", while Article 230.2 targets "Use of substances and/or methods prohibited for use in sport against an athlete". Article 234 “Illegal turnover of strong or toxic substances for the purpose of sale”.
Article 359 states that “Recruitment, training, financing, or any other material provision of a mercenary, and also the use of him in an armed conflict or hostilities, shall be punishable by deprivation of liberty for a term of four to eight years”, so in theory to organize a private military company is in Russia fraught with danger.
Criminal legislation of the Russian Federation
In the Russian Federation, in accordance with paragraph "o" of Article 71 of the Constitution of the Russian Federation, the adoption of criminal legislation is attributed to the exclusive competence of federal state authorities. The authorities of the constituent entities of the Russian Federation do not have the right to adopt acts of criminal legislation.
In accordance with article 105 of the Constitution of Russia, the body authorized to adopt federal laws is the State Duma.
Although the history of Russian criminal law is known for uncodified acts of criminal legislation, since the middle of the XIX century, Russian criminal legislation has been codified. Currently, Russia also has a codified criminal law — the Criminal Code of the Russian Federation, which entered into force on January 1, 1997.
In accordance with part 1 of Article 1 of the Criminal Code, it is the only criminal law to be applied on the territory of Russia. All other laws providing for criminal liability are subject to inclusion in the Criminal Code. Therefore, all legislative acts of this nature are adopted in the form of amendments and additions to the Criminal Code.