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Lecture notes, cheat sheets
Criminal law. Special part. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. THE CONCEPT OF THE SPECIAL PART OF THE CRIMINAL LEGISLATION. UNITY OF GENERAL AND SPECIAL PARTS OF CRIMINAL LEGISLATION The special part of criminal law as an academic and scientific discipline includes: - a system of norms on specific crimes; - the history of the development of criminal law; - comparative analysis of domestic and foreign law; - analysis of judicial practice. Special part of criminal law is a system of norms governing responsibility for specific crimes. The components of crimes are described in the dispositions of the articles of the Criminal Code, their parts and paragraphs. The regulation of liability in the Special Part of the Codex is also made in the sanctions of the articles and their parts. They indicate a certain type and amount of punishment for a specific crime. The functions of regulating criminal liability are performed by notes to a number of norms of the Special Part of the Criminal Code of the Russian Federation: - fix the conditions for exemption from criminal liability and punishment as a result of active repentance; - reveal certain signs of certain elements of crimes; - in the dispositions of norms with a special subject, the signs of such are revealed in the notes; - Note 1 to Art. 158 of the Criminal Code of the Russian Federation does not describe individual elements of theft, but in general theft of someone else's property. Subject of the Special Part of the Criminal Code of the Russian Federation - this is a system of criminal law norms, the dispositions of which describe specific elements of crimes and sanctions with specific types and sizes of punishments for them, with interpretive notes to the norms, as well as structuring the Special Part into sections, chapters and articles. Under the system of the Special Part of the Criminal Code of the Russian Federation it is customary to understand its structure, i.e., the sequence of arrangement of sections and chapters (subsystems) and norms within the chapters. The hierarchy of sections, chapters and articles of codes is established depending on the value of legally protected interests (generic objects) for the respective state. Interests protected by criminal codes (objects) - these are legal relations in various spheres of the life of the individual, the functioning of society and the state. They are divided into generic and immediate. Generic object includes legal relations related in content, to which harm (damage, socially dangerous consequences) is caused by crimes similar in nature to social danger. Generic objects are described by the legislator in the headings of sections, species - in the headings of the chapters of the Special Part. Direct objects - in articles. The special part of the Criminal Code of the Russian Federation, like any system, is an integral unity of many elements structured into subsystems of different sizes. In turn, the Special Part is one of the two subsystems of the Code, its General and Special Parts. The unity of the General and Special parts of the criminal legislation is manifested in the fact that: in the General part, such basic concepts as a crime, corpus delicti, punishment, its types and the order of appointment are given, the grounds and procedure for exemption from criminal liability and punishment are considered, while in the Special part there are sections, chapters and articles on specific crimes and on the corresponding sanctions for them. 2. THE CONCEPT OF QUALIFICATION OF CRIMES. BASIS, BACKGROUND, SUBJECTS AND TYPES OF QUALIFICATIONS, COMPETITION OF RULES Qualification of crimes - this is a process in which a correspondence is revealed between a socially dangerous act committed by a person and the signs of a specific corpus delicti described in one of the articles of the Special Part of the Criminal Code of the Russian Federation, and, if necessary, the General Part of the Criminal Law. Qualify a crime - to give it a legal assessment and determine the relevant article of the Criminal Code of the Russian Federation, and therefore, to establish an identity between a specific act of human behavior and a legislative structure. The exact qualification of crimes is one of the most important requirements of legality, because it acts as a certain guarantee of observance of the rights and interests of citizens. Qualification basis - commission of an act containing all the elements of a crime. Qualification prerequisites crime is the establishment of all the factual circumstances of the case and the clarification of the elements of the crime contained in the disposition of the article of the Special Part. In the process of qualifying crimes: - it turns out whether this act is criminal (Article 14 of the Criminal Code of the Russian Federation); - the object (and in some cases the subject) of the criminal encroachment is clarified; - an analysis of the features included in its objective and subjective sides; - the necessary legal requirements for the subject of the crime are clarified. Subjects of qualification - interrogator, investigator, court. Qualification types: - official - is given at all stages of criminal proceedings by the investigator, interrogator, court; - unofficial - is given by scientists, students, other persons in private. Competing norms - the presence of two or more criminal laws equally providing for the punishability of this act. Types of competition of criminal law: - the deed simultaneously contains signs of two or more offenses, one of which is provided for by the general, the other by a special norm of the Special Part of the Criminal Code of the Russian Federation. One of the norms (special) reflects in greater detail the signs of a crime, according to which criminal liability arises; - competition between part and whole under which the rule should be applied, with the greatest completeness covering all the actual signs of the committed act; - competition compounds with aggravating and mitigating circumstances - priority is given to an article providing for a milder measure of punishment; - special rules competition with various aggravating circumstances (especially qualifying features) - the final qualification must be carried out according to the most serious circumstance. The general rule for qualifying a crime in the competition of criminal law consists in the fact that the rule that covers all the actual signs of the crime committed with the greatest accuracy, detail and completeness is applied. The value of qualifying crimes: - it allows to resolve the issue of the presence or absence of grounds for criminal liability; - the correct qualification of crimes allows the court to assign a fair punishment for the deed. 3. CONCEPT AND SIGNS OF MURDER. TYPES OF KILLS. MANSLAUGHTER under the kill is the intentional infliction of death on another person. direct object murder is a person's life, so it is important to determine the moment of the beginning of life and the moment of its end. Starting point of life the moment is considered when the complete expulsion or extraction of the product of conception from the body of the pregnant woman is ascertained, i.e. when the fetus has separated from the body of the woman in labor, with the exception of the umbilical cord, which is not cut, and the fetus has breathing or heartbeat, pulsation of the umbilical cord or arbitrary movement of the muscles. moment of death associated with irreversible brain death. The objective side of the murder: 1) an act, which can be both in the form of action and inaction, aimed at causing death to another person; 2) as a result of this act, socially dangerous consequences should occur in the form of the death of another person; 3) there must be a necessary causal relationship between the act and the consequences. Material composition - the murder is recognized as completed from the moment of the death of the victim. It does not matter when death occurred: immediately or after some time. The actions of a person directly aimed at causing the death of another person, if they did not lead to this result due to circumstances beyond the control of the perpetrator, are qualified as attempted murder. The subjective side of the murder characterized by guilt in the form of direct or indirect intent. Attempted murder is possible only with direct intent. On the subjective side, murder differs from the intentional infliction of grievous bodily harm resulting in the death of the victim, the fact that during the murder the intent of the perpetrator is aimed at depriving the victim of life, and when committing a crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation, the attitude of the perpetrator to the death of the victim is expressed in negligence. Murder subject - a sane individual who has reached the age of 14 years. Types of murder: 1) simple - murder without qualifying or privileged signs (part 1 of article 105 of the Criminal Code of the Russian Federation); 2) qualified - aggravated murder, i.e. murder: - two or more persons; - a person or his relatives in connection with the performance of official activities by this person or the performance of public duty; - a person known to the guilty person to be in a helpless state, as well as associated with the kidnapping of a person or the taking of a hostage; - women, knowingly for the perpetrator being in a state of pregnancy; - committed with special cruelty; - committed in a generally dangerous way; - committed by a group of persons, a group of persons by prior agreement or an organized group; - out of mercenary motives or for hire, as well as associated with robbery, extortion or banditry; - out of hooligan motives; - for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature; - based on national, racial, religious hatred or enmity or blood feud; - for the purpose of using the organs or tissues of the victim; 3) privileged - murder with mitigating circumstances (Articles 106, 107, 108 of the Criminal Code of the Russian Federation). 4. MURDER UNDER QUALIFIED CIRCUMSTANCES Types of qualified murder: 1) two or more persons - the actions of the perpetrator were covered by a single intent and were committed simultaneously; 2) person or his relatives in connection with the implementation of this person's official activities or the performance of public duty - close relatives of the victim, along with close relatives, may include other persons who are related to him, by property, as well as persons whose life, health and well-being are obviously dear to the victim due to established personal relationships; 3) a person known to the guilty person to be in a helpless state, - seriously ill and elderly, young children, persons suffering from mental disorders, depriving them of the ability to correctly perceive what is happening; 4) involving kidnapping or hostage-taking - infliction of death on an abducted or hostage and murder of other persons committed by the perpetrator in connection with the kidnapping or hostage-taking; 5) women, obviously for the perpetrator being in a state of pregnancy; 6) committed with extreme cruelty - the concept of special cruelty is associated with the method of murder and with other circumstances indicating the manifestation of special cruelty by the perpetrator; 7) committed in a generally dangerous manner - a method of intentionally causing death, which, knowingly for the perpetrator, poses a danger to the life of not only the victim, but at least one more person; 8) committed by a group of persons, a group of persons by prior agreement or an organized group - a murder is recognized as committed by a group of persons, when two or more persons, acting together with the intent to commit murder, directly participated in the process of depriving the victim of life, using violence against him, and it is not necessary that the injuries that caused death were caused by each of them . Preliminary collusion murder involves an agreement between two or more persons that took place before the start of the commission of actions directly aimed at depriving the victim of life. Organized group - a group of two or more persons united by the intent to commit one or more murders; 9) selfish motives - murder in order to obtain material benefits or get rid of material costs; 10) for hire - murder caused by the receipt by the perpetrator of the crime of material or other remuneration; 11) associated with robbery, extortion or banditry - murder in the course of commission of the specified crimes; 12) out of hooligan motives - a murder committed on the basis of a clear disrespect for society and generally accepted norms of morality, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to oppose himself to others, to demonstrate a disdainful attitude towards them; 13) for the purpose of concealing another crime or facilitating its commission; 14) involving rape or sexual assault - murder in the course of commission of the specified crimes or for the purpose of their concealment; 14) based on national, racial, religious hatred or hostility or blood feud; 15) for the purpose of using the organs or tissues of the victim. 5. MITIGATION MURDER Types of homicide under extenuating circumstances 1. Murder by a mother of a newborn child: by the direct object is the life of a newborn baby. The child is considered a newborn according to medical practice within four weeks after birth. The objective side consists of three alternative actions: killing a newborn baby during or immediately after birth - murder during childbirth can occur before the end of the physiological process of childbirth, and murder immediately after childbirth - immediately after the end of the physiological process of childbirth. It does not matter whether the murder was planned before the birth or the intent to kill arose suddenly during the birth or immediately after the birth; the murder of a newborn child in a traumatic situation - the situation can be caused by any factors - material difficulties, the father's refusal of his child, the fear of parents, etc.; murder in a state of mental disorder that does not exclude sanity, - takes place in the case when, at the time of the commission of the crime, due to a mental disorder, the mother could not fully realize the actual nature and social danger of her actions (inaction) or manage them. Subject of the crime - special - the mother of the newborn. subjective side - direct or indirect intent. 2. Murder committed in a state of passion: by the immediate object is the life of the person who caused the state of passion. Signs of the objective side: a) it is performed in a state of sudden strong emotional excitement; b) the state of affect is caused by: violence; mockery; serious insult on the part of the victim; other illegal or immoral actions (inaction) of the victim; a long-term psychotraumatic situation that has arisen in connection with the systematic illegal or immoral behavior of the victim. The following circumstances testify to the suddenness of the onset of strong emotional excitement: occurs immediately as a reaction to the behavior of the victim; between the murder and the actions of the victim, who caused the state of passion, there is no gap in time. The subjective side - direct or indirect affective intent. Subject of the crime - a person in a state of passion. 3. Murder committed in excess of: a) limits of necessary defense - takes place in the event of a clear, obvious inconsistency of protection with the nature and danger of the offense, when harm is unnecessarily intentionally harmed to the offender; b) measures necessary to detain a person who has committed a crime, - may be in the event that the measures necessary to detain the person who committed the crime clearly did not correspond to the nature and degree of public danger of the crime committed by the detainee and the circumstances of the detention, when the person is unnecessarily inflicted with clearly excessive harm not caused by the situation. immediate object - the life of the offender, the life of the detainee. The subjective side - direct or indirect intent. Subject - a person who repels an infringement, a person who detains. Criminal liability for these crimes begins at the age of 16. 6. CAUSING DEATH BY NEGLIGENCE direct object of this crime is the life of a man. The objective side consists of three elements: 1) an act that may be in the form of an action or inaction aimed at depriving the life of another person; 2) socially dangerous consequences in the form of death; 3) a causal relationship between the act and the resulting consequences. By design, the corpus delicti is material, i.e., it is recognized as completed from the moment of the death of the victim. The subjective side - guilt in the form of negligence. Negligence can be in the form frivolity when a person foresaw the possibility of socially dangerous consequences of his actions (inaction) in the form of the death of another person, but without sufficient grounds, presumptuously counted on the prevention of these consequences, or negligence if a person did not foresee the possibility of socially dangerous consequences of his actions (inaction) in the form of the death of another person, although with the necessary care and foresight he should have and could have foreseen these consequences. Causing death as a result of frivolity is subject to delimitation from murder with indirect intent. In doing so, it must be taken into account that: 1) with frivolity, the guilty person foresees only the possibility of death in similar cases; with indirect intent, the guilty person also foresees the likelihood of death in this case; 2) in case of frivolity, the perpetrator hopes to prevent the death of the victim; with indirect intent, the perpetrator, without taking any measures to prevent the death of the victim, does not want, but consciously allows its onset or is indifferent to it. Causing death by negligence must be distinguished from accidental causing death. Liability for causing death is excluded: 1) if a person foresaw the possibility of causing death to another person and, not wanting this, took all necessary, in his opinion, measures to prevent the onset of death, but death occurred due to reasons beyond his control; 2) if the person did not foresee, could not and should not have foreseen the death of another person. In the latter case, the combination of objective (should) and subjective (could) criteria in evaluating a specific act allows us to come to the correct conclusion about the distinction between causing death by negligence and accidental causing death. Subject of the crime - a natural sane person who has reached the age of 16. The qualifying circumstances are: - causing death by negligence due to improper performance by a person of his professional duties (Part 2 of Article 109 of the Criminal Code of the Russian Federation) - the improper performance of professional duties by the perpetrator is understood as the behavior of a person who fully or partially does not comply with official instructions, the requirements for him in the performance of professional functions. If there is a special rule in the Criminal Code of the Russian Federation providing for liability for causing death as a result of improper performance of professional duties by a person, this rule is subject to application, and not Art. 109; - causing death by negligence to two or more persons (part 3 of article 109 of the Criminal Code of the Russian Federation). 7. SUICIDE Direct object of the crime - human life. The objective side The crime consists of driving a person to commit suicide or driving a person to attempt suicide. The objective side of the composition includes: - the behavior of the perpetrator himself (threats, ill-treatment, systematic humiliation of the victim's human dignity); - the creation by such behavior of a life situation, in the view of the victim, close to a state of hopelessness; - the decision on suicide made by the victim under the influence of this and the act of suicide or attempt on him. The law provides an exhaustive list of criminally punishable methods of driving to suicide: 1) threats; 2) abuse; 3) systematic humiliation of the human dignity of the victim. Other methods (for example, constant annoying persecution of a loved one; systematic delays in the payment of salaries, etc.), even if they led to the victim's suicide, cannot be held liable under Art. 110 of the Criminal Code of the Russian Federation. Threats in their content can be different: - causing death or bodily harm; - disclosure of information that the victim wished to keep secret; - dismissal from work; - divorce; - selection of the child; - eviction; - deprivation of livelihood; - arson of a house or destruction of other property, etc. For the existence of corpus delicti, it does not matter the form in which threats are expressed: verbally or in writing, openly or anonymously. Cruel treatment can be expressed both in the commission of actions that form an independent corpus delicti (for example, intentional infliction of harm to health, torture), and in other actions. Ill-treatment can be recognized, in particular, as illegal imprisonment, illegal placement in a psychiatric hospital, compulsion to act of a sexual nature, deprivation of food, housing, work, infringement of other rights of the victim. The law does not require the systematic nature of these actions, but it is important to establish that they were aimed at driving the victim to suicide. Systematic humiliation of human dignity may consist in constant insults, slander, bullying, cynical ridicule of the victim’s physical shortcomings, etc. Mandatory sign of the objective side is the onset of consequences in the form of suicide or attempted suicide. There must also be a causal relationship between the actions of the perpetrator and the resulting consequences in the form of suicide or attempted suicide. The elements of the crime in question will only occur if the suicide or attempted suicide was the result of threats, ill-treatment of the victim or systematic humiliation of his human dignity. The crime will be considered over since the moment of suicide or attempted suicide. Any preparatory actions (writing a suicide note, expressing an intention to commit suicide) do not constitute a crime. The subjective side characterized by an intentional form of guilt (direct or indirect intent). Subject of the crime - a sane individual who has reached the age of 16. 8. CAUSE OF SERIOUS INJURY AND ITS TYPES direct object crime is human health. The objective side is to cause harm to health, life-threatening or not life-threatening, but entailed certain consequences. life-threatening are injuries that in themselves threaten the life of the victim at the time of application or, in their usual course, end in death. Non-life-threatening injuries include: 1) loss of sight - complete permanent blindness in both eyes or such a condition when there is a decrease in vision to counting fingers at a distance of 2 m or less (visual acuity - 0,04 and below); 2) hearing loss - complete deafness or such an irreversible condition when the victim does not hear spoken language at a distance of 3-5 cm from the auricle; 3) loss of any organ or loss of its functions by an organ: - loss of language (speech), i.e., loss of the ability to express one's thoughts in articulate sounds understandable to others; - loss of arms, legs, i.e. their separation from the body, or loss of their functions; - loss of productive ability, which consists in the loss of the ability to copulate or the loss of the ability to fertilize, conceive and procreate; 4) loss of speech - loss of the ability to express thoughts in articulate sounds as a result of loss of voice; 5) abortion - termination of pregnancy, regardless of its duration, is a serious bodily injury if it is not associated with the individual characteristics of the organism, but is in direct causal relationship with the injury; 6) permanent disfigurement of the face - under the effaceability of the damage should be understood a significant decrease in the severity of pathological changes over time or under the influence of non-surgical means; 7) mental disorder; 8) a disease of drug addiction or substance abuse. Resistant disability should be considered either with a definite outcome, or with a duration of health disorder over 120 days. Types of serious bodily harm: - Causing grievous bodily harm through negligence (Article 111 of the Criminal Code of the Russian Federation); - Intentional infliction of grievous bodily harm (Article 118 of the Criminal Code of the Russian Federation); - infliction of grievous bodily harm in a state of passion (Article 113 of the Criminal Code of the Russian Federation). From a murder committed in a state of passion, the infliction of grave or moderate bodily harm in a state of passion differs in object and objective side. The subjective side - according to Art. 111, 113 of the Criminal Code of the Russian Federation - direct or indirect intent; under Art. 118 of the Criminal Code of the Russian Federation - frivolity or negligence. Subject of the crime - physical sane, - a person who has reached the age of 14, - under Art. 111 of the Criminal Code of the Russian Federation, Art. 113, 118 of the Criminal Code - over 16 years old, and under Part 2 of Art. 118 - a special subject. The distinction between murder and intentional infliction of grievous bodily harm, which negligently caused the death of the victim, - they differ on the subjective side - when murdering, the intent of the perpetrator is aimed at depriving the victim of life, and when committing a crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation, the attitude of the perpetrator to the death of the victim is expressed in negligence. Qualifying signs of a crime Parts 2-4 of Art. 111 and part 2 of Art. 118 of the Criminal Code of the Russian Federation. 9. CAUSE OF MEDIUM INJURY Direct object of the crime - human health. Types of harm of moderate severity: 1) intentional infliction of moderate harm (Article 112 of the Criminal Code of the Russian Federation); 2) infliction of moderate harm to health in a state of passion (Article 113 of the Criminal Code of the Russian Federation); 3) infliction of moderate harm to health in excess of the measures necessary to detain a person who has committed a crime (Article 114 of the Criminal Code of the Russian Federation). Signs of harm of moderate severity are: - lack of danger to life; - the absence of the consequences provided for by Art. 111 the Criminal Code of the Russian Federation; - long-term health disorder, which is understood as the consequences directly related to damage (diseases, dysfunctions, etc.), lasting more than 3 weeks (more than 21 days); - Significant permanent loss of ability to work by less than one third, i.e. loss of general ability to work from 10 to 33%. The objective side of the crime under Art. 112 of the Criminal Code of the Russian Federation - infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Art. 111 of the Criminal Code of the Russian Federation, but caused a long-term health disorder or a significant permanent loss of general ability to work by less than one third. The subjective side - direct or indirect intent. Subject of the crime - a natural sane person who has reached the age of 14. Responsibility for an act is differentiated with the help of a number of qualifying circumstances: - in relation to two or more persons; - in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty; - with special cruelty, mockery or torment for the victim, as well as in relation to a person who is obviously in a helpless state for the perpetrator; - by a group of persons, a group of persons by prior agreement or an organized group; - out of hooligan motives; - based on national, racial, religious hatred or enmity. The objective side of Art. 113 of the Criminal Code of the Russian Federation - infliction of moderate harm to health, committed in a state of sudden strong emotional excitement (affect), caused by violence, bullying or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psycho-traumatic situation that arose in connection with systematic illegal or immoral behavior of the victim. The subjective side crimes are characterized only by direct or indirect intent. From a murder committed in a state of passion, the infliction of moderate harm to health in a state of passion differs in object and objective side. Subject of the crime - a natural sane person who has reached the age of 16. The objective side of Art. 114 of the Criminal Code of the Russian Federation - infliction of severe or moderate bodily injury, committed in excess of the measures necessary to detain a person who has committed a crime. The subjective side crimes are characterized only by direct or indirect intent. Subject of the crime - a natural sane person who has reached the age of 16. 10. INTENTIONALLY CAUSE OF MINOR INJURY. BEAUTY. TORTURE immediate object these crimes - human health. Intentional infliction of minor bodily harm (Article 115 of the Criminal Code of the Russian Federation) The objective side is the infliction of slight harm to health, which caused a short-term health disorder or a slight permanent loss of general ability to work. Signs of mild harm to health are: - short-term health disorder - a short-term health disorder directly related to damage should be considered, lasting more than six days, but not more than 3 weeks (21 days); - minor permanent disability; - Persistent loss of general ability to work up to 10%. The subjective side characterized by intent. Subject of the crime - a sane individual who has reached the age of 16 years. Qualifying sign of a crime is the intentional infliction of slight harm to health, committed out of hooligan motives. The crime has a material composition, so it is necessary to establish a causal relationship between the act of a person and the onset of socially dangerous consequences. Beatings (Article 116 of the Criminal Code of the Russian Federation) The objective side consists in beating or committing other violent acts that caused physical pain, and the absence of the consequences specified in Art. 115 of the Criminal Code of the Russian Federation. beating characterized by multiple strikes. Other violent acts that caused physical pain are understood as actions such as pinching, squeezing, cutting the victim, pulling hair, etc. The subjective side - direct intent. Criminal liability for beatings or other violent acts that caused physical pain begins at the age of 16. Qualifying sign of a crime - infliction of beatings out of hooligan motives. Torture (Article 117 of the Criminal Code of the Russian Federation) The objective side characterized by the infliction of physical or mental suffering by systematic beatings or other violent acts, if this did not result in the intentional infliction of severe or moderate bodily harm. Damage is understood to mean: - acts that cause suffering by prolonged deprivation of food, drink or heat, or by placing or leaving the victim in unhealthy conditions, and other similar acts; - actions associated with repeated or prolonged infliction of pain - pinching, cutting, causing multiple, but minor injuries with blunt or sharp objects, exposure to thermal factors and other similar actions. In a note to Art. 117 of the Criminal Code of the Russian Federation, the concept torture, the use of which is a qualifying sign is the infliction of physical or moral suffering in order to compel one to give evidence or other actions contrary to the will of a person, as well as for the purpose of punishment or for other purposes. The subjective side characterized by direct intent. Subject of the crime - a natural sane person who has reached the age of 16. Qualifying signs torture is named in Part 2 of Art. 117 of the Criminal Code of the Russian Federation. 11. COMPULSORY REMOVAL OF HUMAN ORGANS OR TISSUE FOR TRANSPLANTATION direct object crime is human life and health. Subject of the crime - human organs and tissues necessary for transplantation. Objects of transplantation may be the heart, lung, kidney, liver, bone marrow and other organs and (or) tissues, the list of which is determined by the Ministry of Health of the Russian Federation in conjunction with the Russian Academy of Medical Sciences. Removal of organs and (or) tissues from a living donor is permissible only if, according to the conclusion of a consultation of medical specialists, significant harm will not be caused to his health. Transplantation of organs and (or) tissues is allowed only with the consent of the living donor and, as a rule, with the consent of the recipient. Removal of organs and (or) tissues for transplantation is not allowed from a living donor who has not reached the age of 18 years (except for cases of bone marrow transplantation) or who has been recognized as legally incompetent in the prescribed manner. Removal of organs and (or) tissues is not allowed if it is established that they belong to a person suffering from a disease that poses a danger to the life and health of the recipient. Removal of organs and (or) tissues for transplantation from persons who are in official or other dependence on the recipient is not allowed. The objective side of the crime is in coercion to the removal of human organs or tissues for transplantation, which is understood as a mental impact on the victim in order to obtain consent to the removal of organs or tissues for transplantation. Coercion methods: - use of violence - physical impact on the victim, which can be expressed in beating him, torturing him, inflicting light or moderate bodily harm, etc.; - threat of violence - Expressing the intention to use violence in order to obtain the consent of the victim to the transfer of an organ or tissue. In this case, the threat must have a sign of reality. The crime is considered completed from the start of the coercion. The subjective side characterized by direct intent and purpose - obtaining consent from the victim to the removal of organs or tissues for transplantation. Subject of the crime - a sane individual who has reached the age of 16 years. Qualifying signs of a crime - the same act committed against a person who, knowingly for the guilty person, is: - in a helpless state i.e., in a state where the victim is unable, due to his physical or mental state, to defend himself, to actively resist the perpetrator, when the latter, committing the murder, is aware of this circumstance. Persons in a helpless state may include, in particular, the seriously ill and elderly, young children, persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening; - in material or other dependence on the perpetrator. Under material dependence it is customary to understand the situation when the victim is fully or partially dependent on the offender, lives in his living space, etc. Under another service dependence is understood, as well as that which arises from kinship or marital relations, is based on law or contract. 12. STD OR HIV Infection with a venereal disease (Article 121 of the Criminal Code of the Russian Federation) The object of the crime is human health, and when infected with certain types of diseases and human life. The objective side is characterized by: - action or inaction; - the onset of consequences in the form of infection with a venereal disease of another person. Sexually transmitted diseases include such infectious diseases as syphilis, gonorrhea, chancre and some others; a causal relationship between an act and its consequences. Infection with a venereal disease - this is its transfer by a person who knew that he had such an illness to another person. The method of infection does not affect the qualification of the crime. The crime is considered completed from the moment of infection of another person with a venereal disease. The subjective side - direct intent. Subject of the crime - special - a physical sane person who knows that he has a venereal disease. Qualifying signs - infection committed: - in relation to two or more persons; - in respect of a minor. Infection with HIV infection (Article 122 of the Criminal Code of the Russian Federation) HIV infection a disease caused by the human immunodeficiency virus. Objective side: 1) under part 1 of Art. 122 of the Criminal Code of the Russian Federation - putting another person at risk of contracting HIV. At the same time, the method of putting one in danger of infection (through sexual intercourse or through blood) does not matter for qualifying a crime. If the virus carrier has taken all the necessary measures to prevent HIV infection, criminal liability does not arise. Corpus delicti formal; 2) under Part 2 of Art. 122 of the Criminal Code of the Russian Federation - the commission of an act that entailed the infection of another person with HIV infection. Structure of the crime by design material; 3) under Part 3 of Art. 122 of the Criminal Code of the Russian Federation - infection with HIV infection by a person who knew about the presence of this disease, two or more persons, or a knowingly minor; 4) under Part 4 of Art. 122 of the Criminal Code of the Russian Federation - improper performance by a person of professional duties (poor-quality sterilization of syringes, poor-quality testing of donor blood, etc.), as a result of which another person was infected with HIV. In this case, it is mandatory to establish a causal relationship between the improper performance of professional duties and the consequences that have occurred. Subjective side: - Part 1-3 Art. 122 of the Criminal Code of the Russian Federation - direct intent; - part 4 of Art. 122 of the Criminal Code of the Russian Federation - negligence. Subject - special: - Part 1-3 Art. 122 of the Criminal Code of the Russian Federation - a person who is a carrier of HIV infection or suffering from AIDS; - part 4 of Art. 122 of the Criminal Code of the Russian Federation - persons professionally associated with the process of treating and servicing patients with the immunodeficiency virus (doctors, nurses, etc.), as well as with obtaining or storing blood (for example, employees of a blood transfusion station). A person who has put another person at risk of contracting HIV infection or who has infected another person with HIV infection, exempted from criminal liability under the following conditions: - a person placed at risk of infection or infected with HIV infection was warned in a timely manner that the first person had this disease; - it voluntarily agreed to commit acts that created a risk of infection. 13. NOT RENDERING ASSISTANCE TO THE SICK. LEAVING IN DANGER Failure to provide assistance to the patient (Article 124 of the Criminal Code of the Russian Federation) Object of the crime - the life and health of the patient. The objective side is characterized by: 1) an act in the form of inaction (failure to provide assistance to the patient without good reason); 2) the onset of socially dangerous consequences in the form of causing moderate harm to the health of the patient (part 1) or the death of the patient or causing serious harm to his health (part 2); 3) a causal relationship between the act and the resulting consequences. In order to be held criminally liable under this article, it must be established that the person should have and could have acted. Duty to care for the sick based on Art. 38, 39, 40 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens dated July 22, 1993 No. 5487-1: primary health care is the main, accessible and free type of medical care for every citizen. Emergency medical care is provided to citizens in conditions requiring urgent medical intervention. Specialized medical care is provided to citizens with diseases that require special methods of diagnosis, treatment and the use of complex medical technologies. Failure to provide assistance to a patient is a criminal offense only without good reason. For good reasons inaction can be attributed to force majeure, extreme necessity, conflict of duties, etc. The subjective side It is characterized by two forms of guilt - intent in relation to the act and negligence in relation to the ensuing consequences. In general, such a crime is considered intentional. Subject of the crime - special - a person obliged to provide assistance to patients in accordance with the law or with a special rule. Leaving in danger (Article 125 of the Criminal Code of the Russian Federation) The object of the crime is the life and health of a person who is in a state of danger to life or health and is deprived of the opportunity to take measures for self-preservation. A victim of a crime can be a person in the presence of several signs at the same time: - it is in a state of danger to life or health; - it is deprived of the opportunity to take measures for self-preservation due to infancy, old age, illness, or due to its helplessness. On the objective side, the crime is characterized an act in the form of inaction - deliberately leaving without help a person who is in a state of danger to life or health and who is deprived of the opportunity to take measures for self-preservation due to infancy, old age, illness, or due to his helplessness. Responsibility for leaving a person without assistance arises under two conditions: - the person was obliged to provide assistance. Such an obligation is based on the fact that the perpetrator was obliged to take care of the person left in danger (for example, parents are obliged to take care of their children, etc.), or the perpetrator himself put him in a state dangerous to life or health; - the person had the opportunity to help. Corpus delicti formal. Subjective side - direct intent. Subject - special - a person who was obliged to take care of the victim or who himself put the victim in a state of danger to life or health. 14. ILLEGAL DETENTION. ITS DIFFERENCE FROM KIDNAPPING Unlawful deprivation of liberty (Article 127 of the Criminal Code of the Russian Federation) Direct object of the crime - the human right to freedom. The objective side consists in the illegal deprivation of a person of liberty, not related to his abduction. In case of unlawful deprivation of liberty, a person is not removed from his place of residence, does not move to another place, as is the case with abduction, but he is limited in his freedom of movement in space. The victim is held against his will in the place where he was before deprivation of liberty. A mandatory sign of the objective side of the crime is the illegality of deprivation of liberty, which is understood as the absence of legal grounds for depriving a person of liberty. If the deprivation of liberty is carried out as a preventive measure or during detention on suspicion of committing a crime, it cannot be considered as illegal. Detention made in conditions of emergency or during the detention of a criminal is not considered illegal. Corpus delicti by design - formal, i.e., the crime is considered completed from the moment the person is actually deprived of liberty. The composition provided for by Part 3 of Art. 127 of the Criminal Code of the Russian Federation, when it comes to the consequences in the form of the death of the victim or other grave consequences, - material. The subjective side - direct intent, part 3 of this article provides for two forms of guilt - intent in relation to the act and negligence in relation to the death of the victim or other grave consequences. Neither the purpose nor the motive of deprivation of liberty matters for the qualification of the act. Subject of the crime - a natural sane person who has reached the age of 16. Kidnapping (Article 126 of the Criminal Code of the Russian Federation) Direct object of the crime - human freedom. The objective side It is expressed in an act in the form of an action, i.e., removing a person against his will from the place where he is, moving him to another place and holding him against his will. The abduction can be carried out by any means, but they do not matter for the qualification of the crime. The crime is considered completed from the moment of removal of the victim and moving to another place. The time during which it is held does not matter for qualification. The subjective side characterized by direct intent. Subject - a natural sane person who has reached the age of 14 years. A person is released from criminal liability provided that he: - voluntarily release the kidnapped; - there is no other corpus delicti in his actions. Qualifying signs of Parts 2 and 3 of Art. 127 of the Criminal Code of the Russian Federation coincide with the qualifying signs of Parts 2 and 3 of Art. 126 of the Criminal Code of the Russian Federation, except that in Part 2 of Art. 126 of the Criminal Code of the Russian Federation there is no sign of the commission of an act out of mercenary motives and there is no indication of a threat of violence (clauses "c", "h" part 2). Difference between kidnapping and unlawful imprisonment is the way in which the act is performed. Kidnapping always involves taking possession of a person and moving him to another place against his will, where he is held. Illegal deprivation of liberty is not connected with seizure. The victim, of his own free will, comes to a certain place where he is forcibly held. 15. TRAFFICKING. USE OF SLAVE LABOR Human trafficking (Article 127.1 of the Criminal Code of the Russian Federation) Direct object - personal freedom. The objective side - human trafficking, which means: - buying and selling of a person - under this agreement, one party (the seller) undertakes to transfer the thing (goods) into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay a certain amount of money (price) for it; - his recruitment - activities aimed at reaching an agreement on the exploitation of people (search for candidates, their persuasion through promises, deceit, threats, etc.); - its transportation - moving a person to the place where he will be operated by any mode of transport; - his transfer - the actions of an intermediary in the commission of acts of human trafficking specified in the law, as well as the subsequent transfer to other persons of the victim after his purchase and sale by the buyer himself, for example, for temporary accommodation and residence, use, etc.; - his harboring - Concealment of a person for the purpose of his exploitation; - getting it - actions opposite to transmission. Subjective side of the crime: - direct intent; - special purpose - human exploitation, i.e. the use of prostitution by other persons and other forms of sexual exploitation, slave labor (services), servitude. Subject of the crime - general. A person is released from criminal liability for the commission of this crime under the following conditions: a person has committed acts of buying and selling one, two or more people or recruiting, transporting, transferring, harboring or receiving them for the purpose of their exploitation; this crime was committed for the first time; the perpetrator voluntarily released the victim and contributed to the disclosure of the crime committed; his actions do not contain any other corpus delicti. Use of slave labor (Article 127.2 of the Criminal Code of the Russian Federation) Direct object of the crime - personal freedom. The objective side consists in the use of slave labor, i.e., in the use of the labor of a person in respect of which the powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform work (services). The subjective side - direct intent. Subject of the crime - general. General qualifying and especially qualifying features for these compositions are the commission of an act: in relation to two or more persons; against a known minor; by a person using his official position; with the use of violence or with the threat of its use; with the seizure, concealment or destruction of documents proving the identity of the victim; negligently entailed death, causing grievous bodily harm to the victim or other grave consequences, or committed by an organized group. In Art. 127.1 of the Criminal Code of the Russian Federation also provides for the commission of an act: - with the movement of the victim across the State Border of the Russian Federation or with his illegal detention abroad; - using fake documents; - in order to remove organs or tissues from the victim; - committed in a way dangerous to the life and health of many people. In Art. 127.2 of the Criminal Code of the Russian Federation - commission of an act with the use of blackmail. 16. ILLEGAL ADMISSION IN PSYCHIATRIC INSTITUTION Direct object of the crime - human freedom. The objective side consists in the unlawful placement of a person in a psychiatric hospital. Grounds and procedure for placing a person in a psychiatric hospital established by the Law of the Russian Federation of July 2, 1992 No. 3189-1 "On psychiatric care and guarantees of the rights of citizens in its provision", in accordance with which the grounds for hospitalization in a psychiatric hospital with the consent or request of the patient are: - the presence of a mental disorder in a person and the decision of a psychiatrist to conduct an examination or treatment in a hospital, or a decision of a judge; - the need for a psychiatric examination in the cases and in the manner prescribed by the laws of the Russian Federation. A person suffering from a mental disorder may be hospitalized in a psychiatric hospital without his consent or without the consent of his legal representative until the decision of the judge, if his examination or treatment is possible only in hospital conditions, and the mental disorder is severe and causes: - his immediate danger to himself or others; - his helplessness, i.e., the inability to independently satisfy the basic needs of life; - Significant harm to his health due to the deterioration of his mental state, if the person is left without psychiatric care. Other grounds and violation of the procedure for placement in a psychiatric hospital, provided for by the said Law, are illegal. This is expressed in the commission of a coercive action on the victim, which can be expressed primarily in physical violence (for example, in binding, injecting psychotropic sedatives or sedatives into the body), as well as in the use of deception, threats, blackmail, etc. The crime is considered completed from the moment a person is placed in a psychiatric hospital and lasts until a mentally healthy person is released from there. The subjective side - direct intent. The subject of the crime specified in Part 1 of Art. 128 of the Criminal Code of the Russian Federation - general, and in part 2 the subject can be special - a person who uses his official position for illegal placement in a psychiatric hospital. Part 2 Art. 128 of the Criminal Code of the Russian Federation provides for two qualifying circumstances: - commission of these actions with the use of his official position; - negligent death of the victim or other grave consequences. The perpetrator in this case special - a psychiatrist who placed a person in a psychiatric hospital alone or as part of a commission that issued an opinion on the need for involuntary hospitalization of a person. Other members of the commission are temporary officials, and if they decide on the placement of a person in a psychiatric hospital, being in collusion with a psychiatrist, then all of them are liable as co-perpetrators of the crime under Art. 128 of the Criminal Code of the Russian Federation. The judge who issued a decision on the hospitalization of a person without established grounds (Articles 29, 33 of the Law on Psychiatric Care) is liable under Art. 305 of the Criminal Code of the Russian Federation for issuing a knowingly unjust judicial act. 17. Defamation and insult: THEIR DIFFERENCE direct object crimes are the honor, dignity, reputation of a person. Slander (Article 129 of the Criminal Code of the Russian Federation) The objective side consists of an act in the form of an action, namely, the dissemination of deliberately false information that discredits the honor and dignity of another person or undermines his reputation. Under distribution information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as the publication of such information in the press, broadcast on radio and television, demonstration in newsreel programs and other media, distribution on the Internet, as well as using other means of telecommunications, presentation in official characteristics, public speeches, statements addressed to officials, or a message in one form or another, including oral, to at least one person. The communication of such information to the person to whom they concern cannot be recognized as their dissemination, if the person who provided this information has taken sufficient confidentiality measures so that they do not become known to third parties. knowingly false information is statements about facts or events that did not actually take place at the time to which the disputed information relates. defamatory are information containing allegations of a citizen violating the current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and entrepreneurial activities, violation of business ethics or business customs that detract from honor and dignity citizen or business reputation of a citizen or legal entity. Insult (Article 130 of the Criminal Code of the Russian Federation) The objective side consists in an insult, which is understood as a humiliation of the honor and dignity of another person, expressed in an indecent form. It can be expressed orally or in writing, as well as in the form of action. The subjective side of these compositions characterized by direct intent. Subject of the crime - general. Insult must be distinguished from slander: an obligatory element of slander is the dissemination of knowingly false, dishonoring another person information about specific facts concerning the victim. Insult is a negative assessment of the personality of the victim expressed in an indecent form, which has a generalized character and humiliates his honor and dignity. Slander (part 3 of article 129 of the Criminal Code of the Russian Federation) must be distinguished from a deliberately false denunciation: in case of a deliberately false denunciation, the intent of the person is aimed at bringing the victim to criminal responsibility, and in case of slander - at humiliating his honor and dignity. In this regard, in case of a deliberately false denunciation, information about the allegedly committed crime by the victim is reported, as a rule, to the authorities competent to initiate criminal prosecution. If information of a libelous or offensive nature is contained in a public speech, publicly shown work or mass media, then this is a qualifying sign of these compositions. 18. RAPE. SEXUAL VIOLENCE Rape (Article 131 of the Criminal Code of the Russian Federation) immediate object - Sexual freedom and sexual inviolability of women. injured only a woman can be from a crime. The objective side consists in committing rape, which is understood as sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or using the helpless state of the victim. Sexual intercourse should be understood as the commission of sexual intercourse between a man and a woman. Rape is recognized as committed using the helpless state of the injured person in cases where, due to his physical or mental condition (dementia or other mental disorder, physical disabilities, other painful or unconscious condition, young or old age, etc.), he could not understand the nature and significance of the actions performed with him, or resist the perpetrator. Threatened, used as a means of suppressing the resistance of the victim in order to rape her, should be understood as intimidation of the victim by such actions or statements that expressed the intention of the immediate use of physical violence against the victim herself or against other persons (for example, her children). under others refers to the relatives of the injured person, as well as persons to whom the guilty person, in order to overcome the resistance of the victim (victim), uses violence or expresses a threat of its use Rape is considered over from the moment the sexual intercourse begins, regardless of its completion and the consequences that have occurred. The subjective side - direct intent. The subject of the crime can only be a man. A woman can be an accomplice in a crime as an organizer, instigator, accomplice. Violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation) Direct object of the crime - sexual freedom and sexual inviolability. The victims from the crime may be a man or a woman. The objective side crime consists of the following alternative actions: - sodomy - sexual contacts between men; - lesbianism - sexual contacts between women; - other acts of a sexual nature - satisfaction of a sexual need in other ways, including forcing a woman to a man to have sexual intercourse by using violence or threatening to use it. In order for these acts to become criminally punishable, it is necessary to have such an obligatory sign of the objective side as the use of violence or the threat of its use against the victim (victim) or other persons, or the use of the helpless state of the victim (victim). Committing violent acts of a sexual nature should be considered over from the moment of the beginning of the act of sodomy, lesbianism and other acts of a sexual nature, provided for by the objective side of these elements of crimes, regardless of their completion and consequences. The subjective side - direct intent. Subject of the crime - a sane individual who has reached the age of 14. Qualifying signs - Part 2, 3 Art. 131 and 132 of the Criminal Code of the Russian Federation. 19. NON-VIOLENT SEX OFFENSES AGAINST MINORS Non-violent sexual offenses against minors include: - sexual intercourse and other acts of a sexual nature with a person under the age of sixteen - Art. 134 of the Criminal Code of the Russian Federation; - indecent acts - art. 135 of the Criminal Code of the Russian Federation. Sexual intercourse and other acts of a sexual nature with a person under the age of sixteen Direct object of the crime - sexual inviolability of a person under the age of 16. The victims may be a person of any gender, known to the perpetrator under the age of 16 years. The objective side consists in sexual intercourse, sodomy or lesbianism with a person who is obviously under the age of sixteen. Other acts of a sexual nature constitute a crime under Art. 134 of the Criminal Code of the Russian Federation, do not form. Unlike Art. 131 and 132 of the Criminal Code of the Russian Federation, in this corpus delicti there is no such sign of the objective side as the use of violence or the threat of its use against the victim or other persons, or the use of the helpless state of the victim. When limited elements of crimes under Art. 131 or 132 of the Criminal Code of the Russian Federation, from the corpus delicti under Art. 134 of the Criminal Code of the Russian Federation, it should be borne in mind that criminal liability for sexual intercourse and other acts of a sexual nature with a person under the age of sixteen occurs in cases where sexual intercourse and other acts of a sexual nature are committed without the use of violence or the threat of its use, and the injured person understood the nature and significance of the acts committed. The subjective side characterized by guilt in the form of intent. Subject of the crime - a sane individual who has reached the age of 18 years. With sodomy and sexual intercourse, it is a male person, with lesbianism - a woman. indecent acts Direct object of the crime - sexual inviolability, moral and physical development of minors. The victims may be a person of any gender, known to the perpetrator under the age of 16 years. The objective side consists in committing depraved acts without the use of violence, which are understood as actions aimed at satisfying the sexual passion of the guilty person or the sexual passion of a person who is known to the guilty person to be under the age of 16, but not related to the commission of sexual intercourse, sodomy, lesbianism or other acts of a sexual nature . Depraved actions include: masturbation, satisfaction of a sexual need with a person of the opposite sex through the mouth or rectum, using various surrogate forms - insertion of the penis between the mammary glands, compressed thighs of the partner, demonstration of a naked genital organ to adolescents, touching the chest or genitals with the hands organs, including damage to the hymen of a child, sexual intercourse in the presence of a teenager, familiarizing children with pornographic products (postcards, photographs, drawings, videos, magnetic recordings and pornographic literature). The subjective side - direct intent. Subject of the crime - a sane individual who has reached the age of 18 years. 20. INFRINGEMENT ON COPYRIGHT The article contains two independent corpus delicti, the direct object of which may be copyright and related rights. Авторское право - relations arising in connection with the creation and use of works of science, literature and art, related rights - relations arising in connection with the creation and use of phonograms of performances, productions, broadcasts of on-air or cable broadcasting organizations. The objective side - part 1 of Art. 146 of the Criminal Code of the Russian Federation - the appropriation of authorship (plagiarism), if this act caused major damage to the author or other copyright holder. Author - an individual whose creative work created the work. The objective side - part 2 of Art. 146 of the Criminal Code of the Russian Federation - is: - in the illegal use of objects of copyright or related rights, committed on a large scale; - acquisition, storage, transportation of counterfeit copies of works or phonograms for the purpose of sale, committed on a large scale. The objects of copyright are: - literary works (including computer programs); - dramatic and musical-dramatic works, script works; - choreographic works and pantomimes; - musical works with or without text; - audiovisual works (film, television and video films, slide films, filmstrips and other film and television works); - works of painting, sculpture, graphics, design, graphic stories, comics and other works of fine art; - works of arts and crafts and scenographic art; - works of architecture, urban planning and gardening art; - photographic works and works obtained by methods similar to photography; - geographical, geological and other maps, plans, sketches and plastic works related to geography, topography and other sciences; - other works. Counterfeit are copies of a work and a phonogram, the production or distribution of which entails a violation of copyright and related rights. Under illegal use objects of copyright and related rights is understood without the consent of the author: - reproduction of the work; - distribution of copies of the work in any way; - importing copies of the work for distribution purposes, including copies made with the permission of the owner of exclusive copyright; - public display of the work; - public performance of the work; - communication of the work to the public by broadcasting and (or) subsequent broadcasting; - communication of the work to the public by cable, wire or other similar means; - translation of the work; - processing of the work; - recording of a previously unrecorded performance or production; - reproduction of a production or performance without the consent of the performer, etc. Purchase of counterfeit copies works or phonograms for the purpose of sale is their purchase, exchange, receipt as payment for services for further sale. The subjective side - direct intent, and according to part 2 it is necessary to have a sales purpose. Subject of the crime - general, with the exception of paragraph "d" part 3 of this article. 21. INFRINGEMENT ON THE PERSONAL RIGHTS OF A CITIZEN. BREACH OF PRIVACY The Constitution of the Russian Federation proclaims the personal rights and freedoms of citizens. "Everyone has the right to inviolability of private life, personal and family secrets, protection of his honor and good name" (Article 23). Personal rights and freedoms that ensure the existence, originality and autonomy of the individual must be protected from illegal and undesirable interference in the personal life and inner world of a person. Crimes against personal rights and freedoms of citizens include: - violation of privacy (art. 137); - violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other messages (Article 138); - violation of the inviolability of the home (art. 139); - refusal to provide information to a citizen (Art. 140); - obstruction of the exercise of the right to freedom of conscience and religion (Article 148). All crimes of this group infringe on the personal rights and freedoms of citizens, since only the person himself must determine the scope of information to be disclosed, has the right to familiarize himself with information relating to him, and decides the question of religion himself. Public danger of crimes, infringing on the personal rights and freedoms of citizens, is determined by unreasonable interference in their privacy and restriction, and sometimes deprivation of their personal rights and freedoms. The direct object of this group of crimes are social relations that ensure the observance of personal rights and freedoms of citizens. With regard to specific elements of crimes, it can be somewhat specified. Violation of the inviolability of private life (Article 137 of the Criminal Code of the Russian Federation) Direct object of the crime - public relations, ensuring the inviolability of private life. The subject of the crime are information about the private life of a person that constitutes his personal or family secret. Information about the private life of a person, constituting his personal secret, is divided into two groups: - personal (applies only to a certain person); - professional (information that was entrusted to a person as a representative of any profession). Family secret information - this is information known only to family members, in the disclosure of which they are not interested. The objective side is the following alternative actions: - illegal collection of information - any actions aimed at collecting confidential information without the consent of the victim (survey of neighbors, relatives, etc.); - illegal dissemination of information about the private life of a person - communication of this information to any of the third parties without the consent of the victim; - dissemination of this information in a public speech, publicly shown work or mass media. The subjective side characterized by direct intent. Subject of the crime - according to part 1 of Art. 137 of the Criminal Code of the Russian Federation - general, and under part 2 - a person using his official position to illegally collect or disseminate information about the private life of a person constituting his personal or family secret, without his consent, or to disseminate this information in a public speech, publicly shown work or the media. 22. INFRINGEMENT ON THE ELECTORAL RIGHTS OF A CITIZEN direct object This group of crimes may include the right of citizens of the Russian Federation to elect and be elected, the right to participate in a referendum, as well as relations that develop over the work of election commissions and referendum commissions. Voting rights of citizens - the constitutional right of citizens of the Russian Federation to elect and be elected to public authorities and local governments, as well as the right to participate in the nomination of candidates, lists of candidates, in election campaigning, in monitoring the conduct of elections, the work of election commissions, including the establishment of voting results and the determination of results elections, in other electoral actions in the manner prescribed by the Constitution of the Russian Federation, other federal laws, constitutions (charters), laws of the constituent entities of the Russian Federation. They can be of two types: - active suffrage (active suffrage) - the right of citizens of the Russian Federation to elect to state authorities and local self-government bodies; - passive suffrage (passive suffrage) - the right of citizens of the Russian Federation to be elected to state authorities and local self-government bodies. Referendum - a form of direct expression of the will of citizens of the Russian Federation on the most important issues of state and local importance in order to make decisions through voting of citizens of the Russian Federation who have the right to participate in a referendum. Types of crimes that infringe on voting rights: - obstruction of the exercise of voting rights or the work of election commissions (Article 141 of the Criminal Code of the Russian Federation) - obstruction of the free exercise by a citizen of his electoral rights or the right to participate in a referendum, violation of the secrecy of voting, as well as obstruction of the work of election commissions, referendum commissions or the activities of a member of an election commission, referendum commission related to the performance of his duties ; - violation of the procedure for financing the election campaign of a candidate, an electoral association, the activities of an initiative group for holding a referendum, another group of referendum participants (Article 141.1 of the Criminal Code of the Russian Federation); - falsification of election documents, referendum documents (Article 142 of the Criminal Code of the Russian Federation) - falsification of election documents, referendum documents, if this act is committed by a member of an election commission, a referendum commission, an authorized representative of an election association, a group of voters, an initiative group for holding a referendum, another group of participants referendum, as well as by the candidate or his authorized representative; - falsification of voting results (Article 142.2 of the Criminal Code of the Russian Federation). The subjective side - direct intent. Subject of the crime: - art. 141 of the Criminal Code of the Russian Federation - both general and official; - Art. 141.1 of the Criminal Code of the Russian Federation - special; - art. 142 of the Criminal Code of the Russian Federation - a member of an election commission, a referendum commission, an authorized representative of an electoral association, a group of voters, an initiative group for holding a referendum, another group of referendum participants, a candidate, a representative authorized by the candidate (part 1), under parts 2, 3 of the article - general ; - Art. 142.1 of the Criminal Code of the Russian Federation - special - a person who is responsible for summing up the results of elections and a referendum. 23. VIOLATION OF LABOR PROTECTION RULES. NON-PAYMENT OF WAGES, PENSIONS, SCHOLARSHIPS, ALLOWANCES AND OTHER PAYMENTS Violation of labor protection rules (Article 143 of the Criminal Code of the Russian Federation) direct object crime is the right of a person to work in conditions that meet the requirements of safety and hygiene. The victims there may be a person performing labor duties in an organization, regardless of the form of ownership. Structure of the crime by design material. To recognize a crime as completed, three elements of the objective side must be present: 1) violation of safety regulations or other labor protection rules; 2) the onset of consequences in the form of serious harm to human health (under part 1) or in the form of death of a person (under part 2); 3) the existence of a causal relationship between the act and the resulting consequences. Safety rules - a variety of labor protection rules, which is understood as a system for ensuring the safety of life and health of workers in the course of work, including legal, socio-economic, organizational, technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures. Due to the fact that the norm is blanket, in each case of violation of labor protection rules, it is necessary to establish which labor protection rules were violated and which regulatory act regulates them. The subjective side characterized by guilt in the form of negligence. Subject of the crime - special - a person who was responsible for compliance with safety regulations or other labor protection rules. Non-payment of wages, pensions, scholarships, allowances and other payments (Article 145.1 of the Criminal Code of the Russian Federation) The direct object of the crime may be: - the right to remuneration for work - in accordance with Part 3 of Art. 37 of the Constitution of the Russian Federation, everyone has the right to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment; - the right to social security - in accordance with Part 1 of Art. 39 of the Constitution of the Russian Federation, everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law; - the right to receive scholarships. The objective side consists in non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two months. The elements of the crime are only complete non-payment of wages, pensions, scholarships, allowances and other payments established by law, if any part of them was paid, then there is no corpus delicti. The crime under part 1 of the article is over from the moment of non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two consecutive months, and provided for in part 2 of the article, - since the onset of serious consequences. Mandatory elements of the subjective side crimes are guilt in the form of direct intent and the motive of the crime - selfish or other personal interest. Subject of the crime - the head of an enterprise, institution or organization, regardless of the form of ownership. 24. INVOLVING MINORS IN CRIMES AND ANTISOCIAL ACTIONS Involvement of a minor in the commission of a crime (Article 150 of the Criminal Code of the Russian Federation) Direct object of the crime - normal development and upbringing of a minor. The victims may be a person under the age of 18. The objective side crime is to involve a minor in the commission of a crime. Under involvement is understood as arousal in a minor desire to commit a crime. Ways to get involved - promises, deceit, threats or otherwise. When considering cases of juvenile crimes committed with the participation of adults, it is necessary to carefully ascertain the nature of the relationship between an adult and a teenager, since these data can be essential for establishing the role of an adult in involving a minor in the commission of a crime or antisocial acts. The crime is over from the moment the minor is involved in the commission of a crime, regardless of whether he committed any of the unlawful acts. The subjective side is characterized by guilt in the form of direct intent - it is necessary to establish whether the adult was aware or admitted that by his actions he was involving a minor in the commission of a crime. If an adult did not know about the minority of the person involved in the commission of a crime, he cannot be held liable under the commented article. The subject of the crime can only be a person who has reached the age of 18 years. Part 2 of Art. 150 of the Criminal Code of the Russian Federation, additional requirements are established for the subject - it can be a parent, teacher or other person who is charged by law with the responsibility of raising a minor. The qualifying signs of a crime are also: - involvement of a minor in the commission of a crime through the use of violence or the threat of its use; - involvement of a minor in a criminal group or in the commission of a grave or especially grave crime. Involving a minor in committing antisocial acts (Article 151 of the Criminal Code of the Russian Federation) Direct object of the crime - normal development and upbringing of a minor. The victims may be a person under the age of 18. The objective side is to involve: - in the systematic use of alcoholic beverages and intoxicating substances; - in the occupation of vagrancy or begging. Involvement can be carried out in various ways, the main thing is that as a result of this, the minor has a desire to repeatedly (three or more times) use alcoholic beverages, intoxicants, vagrancy or begging. The subjective side - direct intent. Subject of the crime - a person who has reached the age of 18, and according to Part 2 of Art. 151 of the Criminal Code of the Russian Federation - a parent, teacher or other person who is entrusted by law with the responsibility for raising a minor. Not subject to criminal liability a parent of a minor who involved the minor in vagrancy due to difficult life circumstances caused by the loss of a source of livelihood or lack of a place to live. 25. FAILURE TO PERFORM RESPONSIBILITIES FOR EDUCATION OF A MINOR. MAJOR AVOIDANCE OF MAINTENANCE FOR CHILDREN OR DISABLED PARENTS Failure to fulfill obligations to raise a minor (Article 156 of the Criminal Code of the Russian Federation) According to Art. 63 of the Family Code of the Russian Federation, parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Object of crime - normal development of minors. The objective side consists in non-fulfillment or improper fulfillment of duties for the upbringing of a minor, provided that this act is connected with cruel treatment of a minor, which can be expressed in mockery, humiliation of human dignity, denial of food, etc. Non-fulfillment or improper fulfillment of duties for the upbringing of a minor can be carried out both through action and through inaction. Corpus delicti - formal. Therefore, it is considered completed at the moment of non-fulfillment (or improper fulfillment) of the duties of raising a child, combined with cruel treatment of him. The subjective side - direct intent. The subject of the crime there may be parents or another person who is entrusted with the responsibility of raising a minor, a teacher or other employee of an educational, educational, medical or other institution who is obliged to supervise a minor. Malicious evasion from paying funds for the maintenance of children or disabled parents (Article 157 of the Criminal Code of the Russian Federation) The article provides for criminal liability for two separate crimes: - Malicious evasion by a parent from paying, by a court decision, funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen; malicious evasion of adult able-bodied children from paying, by a court decision, funds for the maintenance of disabled parents. According to Art. 8 ° CC of the Russian Federation, parents are obliged to support their minor children. In Art. 87 of the RF IC establishes the obligation of able-bodied adult children to support their disabled parents who need help. If the maintenance funds (alimony) are not provided voluntarily, they are recovered by a court decision and are payable monthly. Injured from the act described in part 1 - minor children (or disabled adult children), and in part 2 - disabled parents. The objective side is characterized as a rule, inaction - malicious evasion of the payment of alimony, i.e., the perpetrator does not fulfill the obligations imposed on him by the court to pay alimony. Evasion expressed in a direct refusal to pay alimony, as well as concealing earnings or other income from which alimony is withheld, evading a job, etc. Malicious evasion non-payment of alimony is considered after a written warning made by the bailiff. The subjective side characterized by direct intent. The subject of the crime under part 1 of the article is a parent, and under part 2 - able-bodied children. 26. CONCEPT AND SIGNS OF THEFT. SUBJECT OF THEFT Theft means unlawful gratuitous seizure and (or) conversion of someone else's property in favor of the guilty person or other persons, committed for mercenary purposes, causing damage to the owner or other owner of this property. Signs of theft: 1) seizure and (or) conversion in favor of the guilty person or other persons - involves the removal of someone else's property from the possession of the owner or other owner and the transfer of this property into the possession of the guilty person; 2) the unlawfulness of the seizure and (or) circulation of another's property in favor of the perpetrator or other persons in the event of theft consists in the commission of these actions, firstly, in violation of the legislation governing the distribution of material wealth in the state, and, secondly, in the manner prescribed by law forms (theft, fraud, misappropriation, embezzlement, robbery and robbery); 3) gratuitousness characterizes theft as the seizure and (or) conversion of another's property in favor of the perpetrator or other persons without compensation for its equivalent and in the absence of the person's intention to make such compensation in the future; 4) the presence of direct intent aimed at the criminal taking of another's property with the aim of turning it in one's own favor or transferring it to other persons for mercenary purposes. The guilty person is always aware not only of the social danger of his actions, but also of the fact that someone else's property. He foresees the obligatory occurrence of material damage to the owner or other owner of the property and desires this. The subject of theft - someone else's property, which can be immovable and movable. under property refers to things in the creation of which socially necessary human labor is invested, separating them from the state of nature. Property is alien to which the person has neither a valid nor a contested right of ownership. to immovable things (real estate, real estate) includes land plots, subsoil plots, isolated water bodies and everything that is firmly connected with the land, i.e. objects that cannot be moved without disproportionate damage to their purpose, including forests, perennial plantations, buildings, structures, construction in progress. Immovable things also include aircraft and sea vessels subject to state registration, inland navigation vessels, and space objects. Things not related to real estate, including money and securities, are recognized as movable property. Property as an object of theft must have a combination of the following features: - from the social side - represent property; - from the legal side - be a stranger to the guilty; - from the economic side - have a material value and a certain value. Material value consists in the fact that commodity-material and other valuables that have value and its monetary expression - price are recognized as property. Cost reflects the objective value of a thing, its social utility; - from the physical side - almost always be movable; - from the position of qualification of crimes - to be in free and uncontrolled circulation. 27. THEFT, ITS DIFFERENCE FROM Plunder Direct object of the crime - ownership. The objective side is theft, which is understood as the secret theft of another's property. Like a stealth of someone else's property (theft) should qualify the actions of a person who has committed an illegal seizure of property in the absence of the owner, or another owner of this property, or unauthorized persons, or even in their presence, but unnoticed by them. In those cases when these persons saw that the theft was being committed, but the perpetrator, based on the surrounding situation, believed that he was acting in secret, the deed is also a secret theft of someone else's property. If the person present at the illegal seizure of someone else's property is not aware of the unlawfulness of these actions or is a close relative of the perpetrator, who, in this regard, expects that in the course of the seizure of property he will not encounter opposition from the said person, the deed should be qualified as theft of someone else's property. If the listed persons took measures to prevent the theft of other people's property (for example, they demanded to stop these unlawful actions), then the responsibility of the perpetrator for the deed comes under Art. 161 of the Criminal Code of the Russian Federation. If in the course of committing the theft the actions of the perpetrator are discovered by the owner or other owner of the property or other persons, but the perpetrator, being aware of this, continues to illegally seize or retain property, the deed should be qualified as robbery, and in the case of violence dangerous to life or health, or threats to use such violence - like robbery. The theft is considered completed, if the property is confiscated and the perpetrator has a real opportunity to use it or dispose of it at his own discretion (for example, to turn the stolen property in his own favor or in favor of other persons, to dispose of it for mercenary purposes in another way). The subjective side characterized by direct intent and selfish purpose. Subject of the crime - a natural sane person who has reached the age of 14 years. The qualifying features are: 1) Part 2 of Art. 158 of the Criminal Code of the Russian Federation - theft committed: - by a group of persons by prior agreement; - with illegal entry into the premises or other storage; - causing significant damage to a citizen; - from clothes, bags or other hand luggage that were with the victim; 2) Part 3 of Art. 158 of the Criminal Code of the Russian Federation - theft committed: - with illegal entry into the dwelling; - from an oil pipeline, an oil product pipeline, a gas pipeline; - in large size; 3) Part 4 of Art. 158 of the Criminal Code of the Russian Federation - theft committed: - an organized group; - in especially large size. Difference between theft and robbery: theft is secret theft and robbery open theft of another's property. open theft of someone else's property is such theft that is committed in the presence of the owner or other owner of the property or in front of strangers, when the person committing this crime is aware that the persons present at the same time understand the unlawful nature of his actions, regardless of whether they took measures to prevent these actions or not. 28. FRAUD. PROPERTY DAMAGE BY FRAUD OR BREACH OF TRUST. DISTRIBUTION OF THESE COMPOSITIONS Fraud (Article 159 of the Criminal Code of the Russian Federation) Direct object of the crime - ownership. The subject of fraud may be property or a right to property. The objective side consists in fraud, which is the theft of another's property or the acquisition of the right to another's property by deceit or breach of trust. A sign of fraud is the voluntary transfer by the victim of property or the right to property to the perpetrator under the influence of deceit or breach of trust. The receipt of property under the condition of fulfilling an obligation can be qualified as fraud only if the perpetrator, even at the time of taking possession of this property, had the purpose of appropriating it and did not intend to fulfill the obligation assumed. Deception as a method of theft involves the deliberate distortion or concealment of the truth in order to mislead the person in charge of the property, in order to obtain property from him, as well as the communication of knowingly false information for the same purposes. When committing theft by breach of trust the perpetrator uses the special trusting relationship that exists between him and the victim. The subjective side crimes are characterized by direct intent and selfish purpose. Subject of the crime - general, and in part 3 of Art. 159 of the Criminal Code of the Russian Federation - special - a person who uses his official position to commit an act. Causing damage to property by deceit or breach of trust (art. 165 Criminal Code of the Russian Federation) The elements of the crime under Art. 165 of the Criminal Code of the Russian Federation, according to the method of commission (by deception or breach of trust) is similar to fraud. The difference lies in the nature of the property damage caused to the victim. The objective side consists in causing property damage to the owner or other owner of the property by deceit or abuse of trust. When doing this act no signs of theft. The crime causes damage by failure to fulfill the obligation to transfer property. Thus, transport workers who do not have these powers, who have received from citizens and turned in their favor money for stowaways or illegal, without paperwork, transportation of luggage, should be held liable for causing property damage to the state by deceit (i.e., under Art. 165 of the Criminal Code of the Russian Federation). The subjective side characterized by direct intent. The subject of the crime may be a person over the age of 16. The qualifying signs of fraud are: - by a group of persons by prior agreement; - causing significant damage to a citizen; - by a person using his official position; - in large size; - an organized group; - in especially large size. Qualifying signs Art. 165 of the Criminal Code of the Russian Federation - the commission of an act: - committed by a group of persons by prior agreement; - in large size; - committed by an organized group; - Caused particularly large damage. 29. EMPLOYMENT OR WASTE Direct object of the crime - ownership. The subject of the crime is someone else's property, but entrusted to the guilty. Entrusted property means that it was transferred by the owner or legal owner to a person who is a stranger to this property (it is alien to him), for the exercise of basic powers: disposal, management, delivery and storage. The objective side consists of two alternative actions: - appropriation - unlawful retention of property entrusted to the guilty person in order to turn it into his own property; - embezzlement - alienation of someone else's property entrusted to the guilty person in favor of third parties by any means (sale, donation, etc.). If the entrusted property was used without the intention to turn it into one's own property or into the property of third parties, the actions should not be considered as theft. The difference between theft and misappropriation or embezzlement: misappropriation or embezzlement of entrusted property should be qualified as illegal gratuitous conversion into one’s own property or into the property of another person of property that is in the lawful possession of the perpetrator, who, by virtue of official duties, contractual relations or a special assignment of the organization, exercised authority over this property by order, management, delivery or storage (storekeeper, freight forwarder, supply agent, seller, cashier and other persons). Seizure of property entrusted to the guilty person, by replacing it with a less valuable one, committed with the aim of appropriating or turning into the property of other persons, should be qualified as theft in the amount of the value of the seized property. Theft of state or public property committed by a person who does not have the above powers, but who has access to it in connection with the work assigned or the performance of official duties, is subject to qualification as theft. If the entrusted property is used illegally, but without the intention to turn it into one's own property or into the property of third parties, the actions should not be considered as theft. The actions of the perpetrator in the presence of relevant signs can be qualified as arbitrariness under Art. 330 of the Criminal Code of the Russian Federation or Art. 285 of the Criminal Code of the Russian Federation (for an official). The subjective side crimes are characterized by direct intent and selfish purpose. Subject of the crime - special - the person to whom the property is entrusted. Qualifying signs are provided for in parts 2-4 of Art. 160 of the Criminal Code of the Russian Federation. These include: - a group of persons by prior agreement and causing significant damage (part 2); - use of one's official position and large size (part 3); - organized group and especially large size (part 4). Since both misappropriation and embezzlement are committed by a special subject - the person to whom the property was entrusted, a group of persons by prior agreement, in contrast to an organized group, must include at least two co-executors who have the characteristics of a special subject. The actions of the other accomplices require qualification under Art. 33, 160. Large size theft, the value of property exceeding two hundred and fifty thousand rubles is recognized, and especially large - one million rubles. 30. BREAKING Robbery refers to two-objective crimes - main object is the right of ownership, and additional - human health. The objective side includes an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of using such violence. Robbery refers to the truncated elements of the crime and is considered completed from the moment of the attack. Under violence dangerous to life or health, it is necessary to understand such violence, which caused the infliction of severe and moderate harm to the health of the victim, as well as the infliction of minor harm to health, which caused a short-term health disorder or a slight permanent loss of general ability to work. An attack with the aim of taking possession of property, committed with the use of violence dangerous to life or health, which, although it did not harm the health of the victim, at the time of application created a real danger to his life or health, should be qualified as robbery. The use of violence during a robbery, as a result of which the victim intentionally caused minor or moderate harm to health, is covered by the composition of robbery and does not require additional qualification. When qualifying the actions of the perpetrator as committed with the use of weapons, it should be established in accordance with the Federal Law of November 13, 1996 "On Weapons" and on the basis of an expert opinion whether the object used in the attack is a weapon intended to defeat a living or other target. If there are grounds for this, provided for by the Law, the actions of such a person must be additionally qualified under Art. 222 of the Criminal Code of the Russian Federation. Under items used as weapons should be understood as objects that could cause bodily harm to the victim, dangerous to life or health (penknife or kitchen knife, razor, crowbar, baton, ax, rocket launcher, etc.), as well as objects intended for temporary hitting a target (for example , mechanical sprayers, aerosol and other devices equipped with tear and irritant substances). If a person only demonstrated a weapon or threatened with a knowingly unusable or unloaded weapon or an imitation of a weapon, for example, a mock pistol, a toy dagger, etc., without intending to use these objects to inflict bodily harm dangerous to life or health, his actions (in the absence of other aggravating circumstances), taking into account the specific circumstances of the case, should be qualified as robbery. In cases where, in order to steal someone else's property, a potent, poisonous or intoxicating substance dangerous to life or health is introduced into the body of the victim against his will or by deception in order to bring the victim into a helpless state, the deed must be qualified as robbery. If, for the same purpose, a substance that does not pose a danger to life or health is introduced into the body of the victim, the deed must be qualified, depending on the consequences, as robbery combined with violence. The subjective side - direct intent and the presence of a mercenary purpose. Subject crimes - a sane individual who has reached the age of 14. 31. Extortion and its differentiation from robbery and robbery Extortion is a crime that infringes on someone else's property. The subject of the crime may be property, the right to property or actions of a property nature. The objective side is characterized by extortion, which consists in the requirement: - transfer of someone else's property; - property rights; - performance of other actions of a property nature. The requirement is mandatory threatened by the use of violence or the destruction or damage of other people's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives. Extortion is over from the moment of presentation of a demand for the transfer of property under the threat of harm to the victim or his relatives. As extortion under the threat of dissemination of information disgracing the victim or his relatives, it is necessary to qualify the demand for the transfer of property, accompanied by the threat of disclosure of information about the offense committed by the victim or his relatives, as well as other information, the disclosure of which may damage the honor and dignity of the victim or his relatives. At the same time, it does not matter whether the information under the threat of disclosure of which extortion is committed is true. Extortion can be committed: - with the use of violence not dangerous to life and health - beatings, causing minor bodily injury that did not entail a short-term health disorder or minor permanent disability, as well as other violent actions related to causing physical pain to the victim or restricting his freedom if it did not endanger life and health; - with the use of violence dangerous to life and health - causing less serious bodily injury or light bodily injury to the victim, resulting in a short-term health disorder or minor permanent disability, as well as other violence, which, although it did not cause the specified harm, but in the moment of application created a real danger to the life and health of the victim. Mandatory elements of the subjective side crimes are guilt in the form of direct intent and selfish purpose. Subject of the crime - general. Solving the issue of delimiting robbery and robbery from extortion, coupled with violence, the courts should take into account that if during robbery and robbery violence is a means of taking possession of property or retaining it, then in extortion it reinforces the threat. Taking property during robbery and robbery occurs simultaneously with the commission of violent acts or immediately after their commission, while in extortion the intent of the perpetrator is aimed at obtaining the required property in the future. At the same time, it should be borne in mind that if extortion is associated with the direct seizure of the property of the victim, then in the presence of a real set of crimes, these actions should be additionally qualified, depending on the nature of the violence used, as robbery or robbery. 32. ILLEGAL POSSESSION OF A CAR OR OTHER VEHICLE WITHOUT THE PURPOSE OF THEFT (THEFT) immediate object - ownership. Subject of the crime - a car or other vehicle (trolleybuses, as well as tractors and other self-propelled vehicles, motorcycles and other mechanical vehicles). At the same time, these vehicles must be someone else's and the perpetrator must not have the right to use or dispose of them. Unauthorized use of the vehicle by any member of the owner's family or other persons who were previously allowed to take the car without requiring additional consent of the owner does not constitute a crime. The objective side - theft - illegal temporary possession of a car or other vehicle without the purpose of theft. Under misappropriation by a vehicle without the purpose of theft should be understood as the seizure of vehicles and the trip to them. Taking possession of a car or other vehicle (hijacking) is expressed in its secret or open removal from its location (parking lot). The vehicle may be located in any place specified by its owner or authorized person: in a garage, car park, on the street, on the territory of an enterprise, etc. Parking may be permanent or temporary. The actions of a person who arbitrarily used it, if this person is a full-time driver of this vehicle, cannot be qualified as unlawful possession of a vehicle. Illegal possession of a vehicle without the purpose of theft is completed crime from the moment the vehicle left the place where it was located. It does not matter how far the vehicle has been driven and how long the perpetrator has been using it. The theft can be carried out both with the help of the engine and by moving the vehicle manually. Cases when the car is moved within the parking lot or set aside due to the interference it creates do not constitute theft. No harmful consequences are required for the offense to occur. The subjective side - direct intent and lack of purpose of theft. When establishing the intent to steal a vehicle, the actions of a person must be qualified in accordance with the relevant articles of the Criminal Code of the Russian Federation, which provide for liability for crimes against property. Additional qualification of these actions under Art. 166 of the Criminal Code of the Russian Federation is not required, since the unlawful possession of a vehicle is in such cases a method of theft. Qualifying features: 1) under part 2 of Art. 166 of the Criminal Code of the Russian Federation - the commission of an act: - by a group of persons by prior agreement; - with the use of violence not dangerous to life or health, or with the threat of such violence; 2) under part 3 of Art. 166 of the Criminal Code of the Russian Federation - the commission of an act under Parts 1 and 2; - an organized group; - causing particularly large damage; 3) under Part 4 of Art. 166 of the Criminal Code of the Russian Federation - the commission of an act under Parts 1, 2, 3, with the use of violence dangerous to life or health, or with the threat of such violence. 33. DESTRUCTION OR DAMAGE TO PROPERTY AND ITS TYPES The Criminal Code of the Russian Federation names two types destruction or damage to property: - intentional destruction or damage to property (Article 167 of the Criminal Code of the Russian Federation); - destruction or damage to property through negligence (Article 168 of the Criminal Code of the Russian Federation). The immediate object of these crimes - ownership. Subject of the crime - someone else's property. Intentional destruction or damage of another's property The objective side consists of three essential elements: - an act consisting in the destruction or damage of another's property; - the resulting consequences in the form of significant damage; - causal relationship between actions and consequences. When property is destroyed it ceases to exist completely and cannot be restored, and in case of damage - the property is preserved, it can be restored, but significant damage was caused to the owner by damage to his property. Significant damage caused to a citizen as a result of the destruction or damage to someone else's property, is determined taking into account his property status, but cannot be less than two thousand five hundred rubles. Deliberate destruction or damage to another's property by arson entails criminal liability under Part 2 of Art. 167 of the Criminal Code of the Russian Federation only in the case of real infliction of significant damage to the victim. If, as a result of setting fire to one’s own property, significant damage was caused to someone else’s property or property that was the joint property of the perpetrator of the fire and other persons, the actions of such a person who wished the onset of these consequences or did not want them, but knowingly allowed them or treated them indifferently, must be qualified as intentional destruction or damage to someone else's property by arson (part 2 of article 167 of the Criminal Code of the Russian Federation). Severe consequences caused by negligence as a result of intentional destruction or damage to property include, in particular: - negligently causing serious bodily harm to at least one person or causing moderate bodily harm to two or more persons; - leaving victims without housing or livelihoods; - prolonged suspension or disorganization of the work of an enterprise, institution or organization; - disconnection of consumers from life support sources - electricity, gas, heat, water supply, etc. Destruction or damage to property through negligence The objective side The crime is the destruction or damage of another's property on a large scale. Large size the value of property exceeding two hundred and fifty thousand rubles is recognized. Methods destruction or damage to someone else's property - careless handling of fire or other sources of increased danger (vehicles, mechanisms, high voltage electrical energy, nuclear energy, explosives, potent poisons, etc.). Careless handling of fire or other sources of increased danger may consist in improper handling of ignition sources near combustible materials, in the operation of technical devices with unrepaired defects. The subject of these crimes - general. 34. OBSTRUCTION OF LEGAL BUSINESS ACTIVITIES immediate object - public relations in the economic sphere. Objective side: - unlawful denial of state registration of an individual entrepreneur or legal entity or evasion of their registration; - unlawful refusal to issue a special permit (license) to carry out certain activities or evasion of its issuance; - restriction of the rights and legitimate interests of an individual entrepreneur or legal entity, depending on the organizational and legal form; - unlawful restriction of independence or other unlawful interference in the activities of an individual entrepreneur or legal entity. Denial of state registration is allowed in the following cases: - non-submission of documents required for state registration determined by federal law; - submission of documents to the wrong registration body; - from the moment of making an entry in the Unified State Register of Legal Entities that the legal entity is in the process of liquidation (state registration of changes made to the constituent documents of the liquidated legal entity, as well as state registration of legal entities, the founder of which is the specified legal entity, is not allowed, or state registration of legal entities that arise as a result of its reorganization); - if the registration of an individual as an individual entrepreneur has not expired, or a year has not expired from the date of the decision by the court to declare him insolvent (bankrupt) due to the inability to satisfy the claims of creditors related to his previously carried out entrepreneurial activity, or the decision to terminate the compulsory order of his activity as an individual entrepreneur, or the period for which this person, by a court sentence, is deprived of the right to engage in entrepreneurial activity, has not expired. Under the restriction of rights and legitimate interests an individual entrepreneur or a legal entity, depending on the legal form, should be understood as an illegal reduction in the legal capacity of persons and organizations; creation of obstacles for the exercise of certain rights by one economic entity by creating advantages for others. Unlawful restriction of independence or other unlawful interference in the activities of an individual entrepreneur or a legal entity is manifested, for example, in the illegal forced separation of a legal entity, the termination of contracts as allegedly not meeting the requirements of the antimonopoly authorities, in the establishment of restrictions on the volume of production or marketing of manufactured products, etc. The subjective side characterized by direct intent. The subject of the crime is an official whose competence includes the implementation of state registration of individual entrepreneurs or legal entities, the issuance of licenses, etc. The qualifying elements of a crime are: 1) the commission of an act in violation of a judicial act that has entered into legal force; 2) the commission of an act that caused major damage (in an amount exceeding two hundred and fifty thousand rubles). 35. ILLEGAL BUSINESS. ILLEGAL BANKING Illegal business (art. 171 Criminal Code of the Russian Federation) The object of the crime are social relations in the economic sphere. The objective side is characterized by the commission of one of the following acts: - carrying out entrepreneurial activities without registration or in violation of registration rules - takes place only in those cases when the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs does not contain an entry on the creation of such a legal entity or the acquisition by an individual of the status of an individual entrepreneur, or there is an entry on the liquidation of a legal entity or the termination of an individual as an individual entrepreneur; - submission to the state registration authority of legal entities and individual entrepreneurs of documents containing deliberately false information, - submission of documents containing such deliberately false or distorted information that led to unjustified registration of a business entity; - carrying out entrepreneurial activities without a special permit (license) in cases where such a permit (license) is mandatory, or in violation of licensing requirements and conditions. The obligatory elements of the objective side include: consequences in the form of causing large damage to citizens, organizations or the state or deriving income on a large scale. The subjective side - direct intent. The subject of the crime can be both a person with the status of an individual entrepreneur, and a person engaged in entrepreneurial activities without state registration as an individual entrepreneur. Qualifying signs are provided for in Part 2 of Art. 171 of the Criminal Code of the Russian Federation. Illegal banking activity (art. 172 Criminal Code of the Russian Federation) The objective side consists in carrying out banking activities (banking operations) without registration or without a special permit (license) in cases where such a permit (license) is mandatory, or in violation of licensing requirements and conditions, if this act caused major damage to citizens, organizations or the state, or is associated with large income generation. The decision on the state registration of a credit institution is made by the Bank of Russia. The entry into the Unified State Register of Legal Entities of information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by the authorized registering body on the basis of a decision of the Bank of Russia on the appropriate state registration. Banking operations are carried out only on the basis of licenses issued by the Bank of Russia, which are recorded in the register of issued licenses for banking operations. It indicates the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations can be carried out. The subjective side - direct intent. Subject of the crime - special - heads of credit organizations. 36. LEGALIZATION (LAUNDERING) OF CASH OR OTHER PROPERTY ACQUIRED BY CRIME The Criminal Code of the Russian Federation distinguishes between two types of legalization of money or property acquired by criminal means: - legalization (laundering) of funds or other property acquired by other persons by criminal means (Article 174 of the Criminal Code of the Russian Federation); - legalization (laundering) of funds or other property acquired by a person as a result of committing a crime (Article 174.1 of the Criminal Code of the Russian Federation). The object these crimes are public relations in the economic sphere. Legalization (laundering) of funds or other property acquired by other persons by criminal means (Article 174 of the Criminal Code of the Russian Federation) Subject of the crime - money or other property acquired by other persons knowingly for the perpetrator by criminal means. The objective side consists in making financial transactions and other transactions with funds or other property, knowingly acquired by other persons by criminal means, in order to give a legal form to the possession, use and disposal of the said funds or other property. Under financial transactions and other transactions should be understood as actions with cash, securities and other property (regardless of the form and methods of their implementation, for example, a loan or credit agreement, bank deposit, handling and management of money in the involved economic project), aimed at establishing, changing or terminating related with them civil rights or obligations. Transactions with property or money may include, for example, donations or inheritances. At the same time, liability also arises in cases where the guilty person has committed only one financial transaction or one transaction with criminally acquired funds or property. The subjective side characterized by direct intent and to giving a lawful form to the possession, use and disposal of the said funds or other property. The subject of the crime can be any natural sane person who has reached the age of 16, with the exception of persons who themselves have acquired money and other property as a result of a crime. Legalization (laundering) of funds or other property acquired by a person as a result of committing a crime (Article 174.1 of the Criminal Code of the Russian Federation) The subject of the crime money or other property acquired by a person as a result of committing a crime. The objective side is: - in the performance of financial transactions and other transactions with funds or other property acquired by a person as a result of committing a crime; - in the use of these funds or other property for entrepreneurial or other economic activities. The subjective side - direct intent. In this article (unlike article 174 of the Criminal Code of the Russian Federation) there is no indication of the purpose of financial transactions and other transactions with funds or other property acquired by a person as a result of committing a crime. The subject of the crime is a person who has acquired money or property by criminal means. 37. ILLEGAL OBTAINING OF LOAN The subjects of the crime provided for in Part 1 of Art. 176 of the Criminal Code of the Russian Federation, are: - credit; - preferential terms of crediting. under a loan agreement a bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the received amount of money and pay interest on it. Preferential credit terms - these are more favorable compared to the general conditions for obtaining a loan or repaying it. The borrower is given advantages in the interest rate for the loan or a delay in the start of its repayment. The objective side consists in the receipt by an individual entrepreneur or head of an organization of a loan or preferential credit terms. Under a loan understand its issuance (at least in part) by the lender to the borrower. Methods of committing a crime - submission to a bank or other creditor of knowingly false information about the economic situation or financial condition of an individual entrepreneur or organization. In addition, the obligatory elements of the objective side are the onset of consequences in the form of causing major damage (in an amount exceeding two hundred and fifty thousand rubles) and a causal relationship between the act and the consequences. When calculating the damage from this crime, not only the real damage is taken into account, but also the lost profit (lost income). The crime is over when major damage has been done. The subjective side characterized by direct or indirect intent. Subject - individual entrepreneur or head of the organization. Part 2 Art. 176 of the Criminal Code of the Russian Federation provides for criminal liability: - for illegal receipt of the state target credit; - its use is not for its intended purpose. The subject of the crime according to part 2 of Art. 176 of the Criminal Code of the Russian Federation is a state target loan. It differs from others by the presence of two features at the same time: - issued by the state; - has a strictly defined purpose - is intended, for example, to replenish working capital. Getting a loan should be illegal, i.e. the person did not have the right to receive it or violated the established procedure for receiving it. Use of the state target loan not for its intended purpose occurs when the borrower uses amounts for needs not specified in the loan agreement. Responsibility comes under the condition that these acts have caused major damage to citizens, organizations or the state (in an amount exceeding two hundred and fifty thousand rubles). The subjective side characterized by direct or indirect intent. Subject - general. Illegal borrowing should be distinguished from fraud. In fraud, deceit or breach of trust serves as a means of seizing property into one's own property or into the property of others. When obtaining a loan illegally, the purpose of turning money into one's own property is not pursued, since the perpetrator is counting on the temporary use of the money received fraudulently. 38. PREVENTION, RESTRICTION OR REMOVAL OF COMPETITION The immediate object is relations falling under the RSFSR Law of March 22, 1991 No. 948-I "On Competition and Restriction of Monopolistic Activities in Commodity Markets". The objective side is to prevent, restrict or eliminate competition. An act will be punishable only if it is committed in the following ways: - setting or maintaining monopoly high or monopolistically low prices; - section of the market; - restriction of access to the market; - elimination of other subjects of economic activity from the market; - Establishment or maintenance of uniform prices. commodity market - the sphere of circulation of goods that do not have substitutes, or interchangeable goods in the territory of the Russian Federation or its part, determined on the basis of the economic ability of the purchaser to purchase goods in the relevant territory and the absence of this opportunity outside it. Competition - competitiveness of economic entities, when their independent actions effectively limit the ability of each of them to unilaterally influence the general conditions for the circulation of goods in the relevant commodity market. Monopoly high price - the price of goods, which is set by an economic entity occupying a dominant position in the commodity market and at which this economic entity compensates or can compensate for unreasonable costs and (or) receives or can receive a profit significantly higher than it can be in comparable conditions or competitive conditions. Monopoly low price - the price of the purchased goods, set by an economic entity that occupies a dominant position in the commodity market as a buyer, in order to obtain additional profit and (or) compensate for unreasonable costs at the expense of the seller, or the price of goods deliberately set by an economic entity, etc. With no competition guilty by his actions makes it impossible to compete in a particular area of the functioning of the commodity market. Restriction of competition means such a state in the commodity market when the competitiveness of economic entities is preserved to some extent, but its scope is artificially regulated by the actions of the guilty party. Eliminate Competition takes place when, as a result of the actions of the perpetrator, competition was excluded from the relevant sphere of the functioning of the commodity market. Corpus delicti - material. To recognize the crime as completed, it is necessary to have consequences in the form of large damage (the amount of which exceeds one million rubles). The subjective side - direct intent. Subject of the crime - general, and according to part 2 of Art. 178 of the Criminal Code of the Russian Federation - special - a person who uses his official position to commit an act. Qualifying features: - the commission of an act by a person using his official position or by a group of persons by prior agreement (Part 2); - the commission of an act under Part 1 or 2, with the use of violence or with the threat of its use, as well as with the destruction or damage of another's property or with the threat of its destruction or damage, in the absence of signs of extortion or by an organized group (Part 3). 39. FORCING TO COMPLETE A TRANSACTION OR TO REFUSE TO COMPLETE IT The subject of the crime there is a transaction, to the commission or refusal to complete which the victim is forced. Deals actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations are recognized. The objective side consists in coercion to make a transaction or to refuse to make it. Coercion to make a transaction or to refuse to make it - this is an active influence on the personality of the victim in order to force him, against his will, to make the corresponding transaction or refuse to make it. Coercion must be accompanied by an impact on the victim through the threat of taking actions in order to influence the decision of the victim to make or refuse to complete the transaction. The threat can be communicated both orally and in writing and contain a promise of adverse consequences for the victim both immediately and in the future. Coercion is carried out by threat: - use of violence; - destruction or damage to other people's property; - dissemination of information that may cause significant harm to the rights and legitimate interests of the victim or his relatives. Threat of violence means a promise, expressed orally or in writing, in case of non-fulfillment of the requirement to complete a transaction or refusal to complete it, to restrict or deprive the victim of freedom, inflict beatings, cause harm to health or deprive the victim of life. Threat to destroy or damage another's property consists in a promise in case of non-fulfillment of the requirement to make a transaction or refusal to make it, to influence the property of the victim, so that it ceases to exist physically or will be completely or partially unsuitable for its intended use. The threat of dissemination of information that may cause significant harm to the rights and legitimate interests of the victim or his relatives, consists in a promise, in case of non-fulfillment of the requirements of the guilty person, to inform a limited or wide circle of persons of such information, the dissemination of which will entail the onset of adverse consequences for the victim or his relatives. A prerequisite liability is the absence of signs of extortion. The subjective side - direct intent. Subject of the crime - a sane individual who has reached the age of 16. Qualifying signs - commission of an act: - with the use of violence; - an organized group. The distinction with extortion is made on the following points: - the subject of coercion is a transaction in its civil law concept. In extortion, the subject is someone else's property, the right to property or actions of a property nature. The latter may include the commission of reimbursable transactions, which, however, is not typical for extortion; - extortion pursues a selfish goal. In coercion to make a deal, the perpetrator, although he may be guided by selfish motives, does not strive for the gratuitousness of the deal being concluded. His main goal is to get the deal done. The terms of the transaction in coercion are not specified. 40. MANUFACTURE OR MARKET OF FAKE MONEY OR SECURITIES immediate object - public relations in the sphere of circulation of money or securities. The subject of the crime are: - money - CBR bank notes, metal coins; - securities - a document certifying, in compliance with the established form and mandatory details, property rights, the exercise or transfer of which is possible only upon its presentation. These items must have a combination of the following features: - only money and securities in circulation or withdrawn or withdrawn from circulation, but subject to mandatory exchange for money or securities in circulation, can be counterfeited; - items must be fake, i.e. fake, not real. The method of forgery has no qualifying value; - the level of forgery must be high enough. The objective side consists in the manufacture or sale of counterfeit CBR bank notes, metal coins, government securities or other securities in the currency of the Russian Federation or foreign currency or securities in foreign currency. The corpus delicti includes both a partial forgery of banknotes or securities (alteration of the denomination of a genuine banknote, forgery of a number, a series of bonds and other details of money and securities), and the manufacture of completely counterfeit money and securities. When deciding on the presence or absence in the actions of a person of the corpus delicti under Art. 186 of the Criminal Code of the Russian Federation, it is necessary to establish whether banknotes, coins or securities are counterfeit and whether they have a significant similarity in shape, size, color and other basic details with genuine banknotes or securities in circulation. In cases where the obvious discrepancy between the fake bill and the genuine one, which excludes its participation in monetary circulation, as well as other circumstances of the case, indicate that the perpetrator’s intention is to grossly deceive a limited number of persons, such actions can be qualified as fraud. Production counterfeit banknotes or securities is a completed crime if at least one banknote or security has been manufactured for the purpose of subsequent sale, regardless of whether the counterfeit was successfully sold. Sales counterfeit money or securities consists in using them as a means of payment when paying for goods and services, exchanging, donating, lending, selling, etc. Acquisition of knowingly counterfeit money or securities for the purpose of their subsequent sale as genuine should be qualified under Art. 30 and 186 of the Criminal Code of the Russian Federation. The subjective side - direct intent. The absence of the purpose of sale in the manufacture excludes criminal liability. Subject of the crime - general. Criminal liability for the sale of counterfeit money, securities and foreign currency is subject not only to persons engaged in their manufacture or sale, but also to persons who, due to a combination of circumstances, have become owners of counterfeit money or securities, who are aware of this and nevertheless use them as genuine. 41. Smuggling immediate object - relations in the field of foreign economic activity and customs control. Subject of the crime: - provided h.1 Article. 188 of the Criminal Code of the Russian Federation - any goods or other items, with the exception of those specified in part 2 of this article; - a crime established by Part 2 of Art. 188 of the Criminal Code of the Russian Federation - narcotic drugs, psychotropic, potent, poisonous, poisonous, explosive, radioactive substances, radiation sources, nuclear materials, firearms, explosive devices, ammunition, weapons of mass destruction, their means of delivery, other weapons, other military equipment, as well as materials and equipment that can be used to create weapons of mass destruction, strategically important commodities or cultural property. The objective side consists in the illegal movement of these items across the customs border of the Russian Federation, which should carried out: - in addition to customs control; - with concealment from customs control or with fraudulent use of documents or means of customs identification; - associated with non-declaration or false declaration. Movement outside of customs control means the physical movement of items outside the customs posts, outside the time set for clearance. Movement with concealment from customs control includes the use of hiding places and other methods that make it difficult to detect objects, making one object look like another. Movement with fraudulent use of documents or means of customs identification consists in presenting to the customs authority forged or invalid documents or means of customs identification (waybills, baggage receipts, acts on the unloading of goods, etc.) issued by the customs authorities or executed with their participation. Movement with non-declaration or false declaration means non-declaration in the prescribed form of reliable information about the items being transported. The moment of the end of the crime has its own characteristics when importing and exporting items: - when importing, the crime is recognized as completed from the moment the items are moved across the customs border (state border); - in case of export - from the moment of import of items into the customs territory and execution of documents for their export. A prerequisite for the onset of criminal liability under Part 1 of Art. 188 of the Criminal Code of the Russian Federation is that the movement must take place on a large scale (the cost of the transported items in an amount exceeding two hundred and fifty thousand rubles). The subjective side smuggling is characterized by direct intent. Subject - general, and according to paragraph "b" part 3 of this article - an official. Part 3 Art. 188 of the Criminal Code of the Russian Federation contains two qualifying circumstances: - committing a crime by an official using his official position; - committing a crime with the use of violence against a person exercising customs control. Violence can be expressed in the form of beatings, bodily injuries of varying severity. Part 4 Art. 188 of the Criminal Code of the Russian Federation provides for liability for smuggling committed by an organized group. 42. CRIMINAL INFRINGEMENTS IN THE SPHERE OF ECONOMIC ACTIVITY ASSOCIATED WITH BANKRUPTCY direct object is the bankruptcy procedure. Bankruptcy Misconduct (Article 195 of the Criminal Code of the Russian Federation) The objective side of the crime under part 1 of the article consists of: - concealment of property, property rights or property obligations, information about the property, its size, location or other information about the property; - in the transfer of property into the possession of other persons, the alienation or destruction of property; - concealment, destruction, falsification of accounting and other accounting documents reflecting the economic activity of a legal entity or an individual entrepreneur. Under part 2 of the article, liability arises for the unlawful satisfaction of the property claims of individual creditors knowingly to the detriment of other creditors. The composition is material. The subjective side - direct intent. Subject of the crime - the head of a legal entity or its founder (participant) or an individual entrepreneur. Part 3 establishes liability for unlawful obstruction of the activities of an arbitration manager or the provisional administration of a credit institution in cases where the functions of the head of a legal entity or a credit organization are assigned to the arbitration manager or the head of the provisional administration of a credit organization, respectively, if these actions (inaction) have caused major damage that may be carried out by any means, including by: - evasion or refusal to transfer to the arbitration manager or provisional administration of the credit institution the documents necessary for the performance of their duties; - evasion or refusal to transfer to the arbitration manager or temporary administration of the credit institution the property belonging to the legal entity or the credit institution. Deliberate bankruptcy (Article 196 of the Criminal Code of the Russian Federation) Objective side consists in intentional bankruptcy, which is understood as the commission of actions (inaction) that knowingly entail the inability of a legal entity or an individual entrepreneur to fully satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments. The act is criminally punishable only in case of causing major damage. The subjective side characterized by direct intent, as well as personal interests or interests of other persons in the event that the act was committed by an individual entrepreneur. Subject of the crime - the head or founder (participant) of a legal entity or an individual entrepreneur. Fictitious bankruptcy (Article 197 of the Criminal Code of the Russian Federation) The objective side - is in fictitious bankruptcy, which is understood as a deliberately false public announcement by the head or founder (participant) of a legal entity about the insolvency of this legal entity, as well as by an individual entrepreneur about his insolvency. The corpus delicti is material. Subject of the crime - head or founder (participant) of a legal entity, individual entrepreneur. 43. CRIMINAL OFFENSES IN THE SPHERE OF ECONOMIC ACTIVITY ASSOCIATED WITH PRECIOUS METALS AND PRECIOUS STONES Immediate object - public relations in the sphere of economic activity related to precious metals and precious stones. This group of offenses includes: - illegal circulation of precious metals, natural precious stones or pearls (Article 191 of the Criminal Code of the Russian Federation); - violation of the rules for the delivery of precious metals and precious stones to the state (Article 192 of the Criminal Code of the Russian Federation). Illicit trafficking in precious metals, natural gems or pearls (Article 191 of the Criminal Code of the Russian Federation) The subject of the crime may be: - precious metals - gold, silver, platinum and platinum group metals (palladium, iridium, rhodium, ruthenium and osmium). Precious metals can be in any state, form, including in native and refined form, as well as in raw materials, alloys, semi-finished products, industrial products, chemical compounds, jewelry and other products, coins, scrap and production and consumption waste; - natural gems - natural diamonds, emeralds, rubies, sapphires and alexandrites, as well as natural pearls in raw (natural) and processed form; - pearl. Not related to the subject crimes jewelry and household products from scrap such products of precious metals, natural precious stones or pearls. The objective side consists in illicit trafficking in precious metals, natural gemstones or pearls, which is carried out by the following ways: - making a transaction related to precious metals, natural precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation; - illegal storage, transportation or transfer of precious metals, natural precious stones or pearls in any form. The subjective side - direct intent. Subject of the crime - general. Violation of the rules for the delivery of precious metals and precious stones to the state (Article 192 Criminal Code of the Russian Federation) Subject of the crime - precious metals and precious stones that are mined from the bowels, obtained from secondary raw materials, as well as raised and found. The objective side is characterized by a violation of the rules for the delivery of precious metals and precious stones to the state, which is carried out by evasion: - from obligatory delivery for refining of the specified objects; - from obligatory sale to the state of the specified subjects. Refining of precious metals - the process of cleaning extracted precious metals from impurities and related components, bringing precious metals to a quality that meets state standards and technical conditions in force on the territory of the Russian Federation, or international standards. It can be carried out only by organizations included in the List of organizations entitled to carry out refining of precious metals. According to the current legislation concerning the circulation of precious metals and precious stones, the sale of these items to the state is not obligatory. Criminal liability for the crime provided for by this article occurs on the condition that the act was committed on a large scale. The subjective side - direct intent. Subject of the crime - general. 44. TAX EVOIDANCE AND ITS TYPES Immediate object - procedure for paying taxes. Subject of the crime - taxes and fees. Under taxable is understood as a mandatory, individually gratuitous payment levied from organizations and individuals in the form of alienation of funds belonging to them on the basis of ownership, economic management or operational management of funds in order to financially support the activities of the state and (or) municipalities. Under collection is understood as a mandatory contribution levied from organizations and individuals, the payment of which is one of the conditions for the commission of state bodies, local governments, other authorized bodies and officials of legally significant actions in relation to payers of fees, including the granting of certain rights or the issuance of permits (licenses). Evasion of taxes and (or) fees from an individual (Article 198 of the Criminal Code of the Russian Federation) The subject of the crime are taxes and fees levied on an individual. The objective side is the evasion of taxes and (or) fees from an individual, which is carried out by: - failure to submit a tax return or other documents, the submission of which is mandatory; - inclusion in the tax declaration or such documents of deliberately false information. Tax return is a written statement of the taxpayer on the income received and expenses incurred, sources of income, tax benefits and the calculated amount of tax and (or) other data related to the calculation and payment of tax. The inclusion of knowingly distorted data on income or expenses in the declaration should be understood as the deliberate indication in the declaration of any information about the amount of income and expenses that does not correspond to reality. An act will be criminally punishable only if there has been evasion of taxes and fees on a large scale, and under Part 2 - on an especially large scale. The concept of large and especially large size is given in the note to Art. 198 of the Criminal Code of the Russian Federation. The subjective side characterized by an intentional form of guilt. The subject of the crime is an individual (citizen of the Russian Federation, foreign citizen, stateless person) who has reached the age of 16, has taxable income and is obliged, in accordance with the law, to submit an income declaration to the tax authorities for the purpose of calculating and paying tax. Evasion of taxes and (or) fees from the organization (Article 199 of the Criminal Code of the Russian Federation) Subject of the crime - taxes and fees levied on organizations in accordance with the Tax Code of the Russian Federation. Organizations include all taxpayers specified in the tax legislation, with the exception of individuals. Ways of committing a crime provided for in this article are similar to the methods specified in Art. 198 of the Criminal Code of the Russian Federation. Subjects of the crime - the head of the taxpaying organization and the chief (senior) accountant, persons actually performing the duties of the head and the chief (senior) accountant, as well as other employees of the taxpaying organization who have deliberately included distorted data on income or expenses in accounting documents or concealed other objects of taxation. 45. THE CONCEPT AND TYPES OF CRIMES AGAINST THE INTERESTS OF THE SERVICE IN COMMERCIAL AND OTHER ORGANIZATIONS. THE SUBJECT OF THESE CRIMES. ABUSE OF POWER Crimes against the interests of service in commercial and other organizations should be understood as such socially dangerous acts that encroach on the normal activities of commercial and other organizations and cause or threaten to cause significant harm to the rights and legitimate interests of citizens or organizations or to the legally protected interests of society or the state. The object of the analyzed crimes is the normal activity of commercial and other organizations that are not state bodies, local governments, state or municipal institutions. Some crimes against the interests of service in commercial and non-profit organizations are characterized by an additional direct object - the rights and legitimate interests of citizens or organizations or the legally protected interests of society and the state (Articles 201 and 202 of the Criminal Code of the Russian Federation); human health (Article 203 of the Criminal Code of the Russian Federation). Types of crime: - abuse of power (Article 201 of the Criminal Code of the Russian Federation); - Abuse of powers by private notaries and auditors (Article 202 of the Criminal Code of the Russian Federation); - excess of authority by employees of private security or detective services (Article 203 of the Criminal Code of the Russian Federation); - commercial bribery (Article 204 of the Criminal Code of the Russian Federation). Subject of crimes - a person who permanently, temporarily or by special authority performs organizational and administrative or administrative and economic duties in a commercial organization, regardless of the form of ownership, as well as in a non-profit organization that is not a state body, local self-government body, state or municipal institution. Organizational and administrative functions include leadership of the team, placement and selection of personnel, organization of labor or service of subordinates, maintaining discipline, applying incentives and imposing disciplinary sanctions. To administrative and economic functions may include the authority to manage and dispose of property and funds on the balance sheet and bank accounts of organizations, as well as other actions (making decisions on payroll), etc. Abuse of power (art. 201 Criminal Code of the Russian Federation) The object of the crime is the interests of service in commercial and other organizations. An act constitutes a crime if it: - was committed by a person performing managerial functions; - the person performing managerial functions used his powers; - used powers contrary to the interests of the service; - entailed a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state. abuse such actions of a person may be recognized that flowed from his official powers and were related to the exercise of the rights and obligations that this person is endowed with by virtue of his position. The subjective side characterized by intent and purpose - deriving benefits and advantages for oneself or others or causing harm to others. Subject of the crime - special. 46. COMMERCIAL BRIBERY Immediate object - interests of service in commercial and other organizations. Article 204 of the Criminal Code of the Russian Federation provides for two independent corpus delicti: - illegal transfer of commercial bribery; - illegal receipt of money, securities, other property, as well as illegal provision (use) of services (services) of a property nature for actions (inaction) in the interests of the giver in connection with the official position occupied by this person. The subject commercial bribery, along with money, securities and other property, can be benefits or services of a property nature, provided free of charge, but subject to payment (provision of tourist vouchers, repair of an apartment, construction of a summer house, etc.). Under property benefits it should be understood, in particular, the underestimation of the value of the transferred property, privatized objects, the reduction of rental payments, interest rates for the use of bank loans. At the same time, the time of their transfer (before or after the commission of an action (inaction) in the interests of the giver) does not affect the qualification of the deed. Giving illegal reward in case of commercial bribery, as well as their receipt by a person performing managerial functions in a commercial or other organization, are considered completed from the moment the recipient accepts at least part of the transferred valuables. In cases where a person exercising managerial functions in a commercial or other organization has refused to accept the subject of commercial bribery, the briber or the person transferring the subject of bribery shall be liable for the attempted crime. The subject of commercial bribery should be considered received by prior agreement by a group of persons, if the crime involved two or more persons performing managerial functions in a commercial or other organization who agreed in advance on the joint commission of this crime using their official position. It does not matter what amount received by each of these persons. Organized group characterized by stability, a higher degree of organization, the distribution of roles, the presence of an organizer and leader. Based on this, an organized group may include persons who do not perform managerial functions in a commercial or other organization, who have previously united to commit one or more crimes. Extortion means the requirement of a person performing managerial functions in a commercial or other organization to transfer illegal remuneration in the form of money, securities, or other property under the threat of committing actions that may damage the legitimate interests of a citizen or put the latter in such conditions under which he is forced to commit commercial bribery in order to prevent harmful consequences for his legally protected interests. The subjective side - direct intent. Subject of the crime: - provided h.1, 2 Article. 204 of the Criminal Code of the Russian Federation, - a person performing managerial functions in a commercial or other organization; - specified in Part 3, 4 of Art. 204 of the Criminal Code of the Russian Federation - a sane individual who has reached the age of 16 years. 47. TERRORIST ACT. KNOWN FALSE REPORT OF TERRORISM Terrorist act (Article 205 of the Criminal Code of the Russian Federation) The main object of the crime - public safety. Security - the state of protection of the vital interests of the individual, society and the state from internal and external threats. The main security objects are: - personality - its rights and freedoms; - society - its material and spiritual values; - the state - its constitutional system, sovereignty and territorial integrity. The objective side of terrorism is characterized by the following actions: - committing an explosion, arson or other actions; - the threat of committing the specified actions. A threat is understood as a statement of intent to commit a terrorist act. Mandatory sign of the objective side crime consists in creating a danger of death of people, causing significant property damage or the onset of other socially dangerous consequences. In danger of death threat to the life of at least one person. Significant property damage is determined taking into account the cost and significance of material values, the financial situation of the victims. Other socially dangerous consequences consist in causing harm to people's health, in the arrangement of disasters, accidents at vital facilities, transport, destruction of buildings and structures, etc. Mandatory elements of the subjective side are direct intent and purpose - violation of public safety, intimidation of the population or influencing decision-making by authorities. The subjective side 3 article is characterized by two forms of guilt - direct intent in relation to the act and negligence in relation to the death of a person or other grave consequences. Criminal liability for the commission of this crime occurs from the age of 14. A person who participated in the preparation of an act of terrorism shall be exempted from criminal liability if it helped to prevent the implementation of the act of terrorism by a timely warning to the authorities or in any other way, and if the actions of this person do not contain a different corpus delicti. Hostage-taking (Article 206 of the Criminal Code of the Russian Federation) The main object of the crime - public safety. The objective side consists of taking or holding a person hostage. hostage taking - this is open or secret, with the use of violence or the threat of its use or without such, restriction of his freedom of movement, which is subsequently accompanied by an open message about this and the conditions put forward for his release. hostage holding - this is the forcible exercise of control over his actions and preventing the release of the detainee to freedom. The subjective side characterized by direct intent and the presence of a special purpose - forcing the state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage; a crime under Part 3 of Article, - two forms of guilt - direct intent in relation to the committed act and negligence in relation to the death of a person or other grave consequences. Subject of the crime - a sane individual who has reached the age of 14. 48. BANDITISM. GANG CONCEPT The object of the crime is public safety. The objective side - creating a gang, leading it (part 1) and participating in a gang or in attacks committed by it (part 2). under the gang should be understood as an organized, stable armed group of two or more persons who have previously united to carry out attacks on citizens or organizations. A gang can also be created to carry out one, but requiring careful preparation of the attack. From other organized groups the gang is distinguished by its weaponry and its criminal goals - attacks on citizens and organizations. About sustainability gangs can be evidenced by such signs as the stability of its composition, the close relationship between its members, the consistency of their actions, the constancy of the forms and methods of criminal activity, the duration of its existence and the number of crimes committed. An obligatory sign of a gang is its armament, assuming that the gang members have firearms or cold steel, including throwing weapons, both factory-made and home-made, various explosive devices, as well as gas and pneumatic weapons. The use by the participants of the attack of unsuitable for the intended use of weapons or their mock-ups cannot be considered as a sign of their armament. A gang is considered armed if at least one of its members has a weapon and other members of the gang are aware of this. under attack should be understood as actions aimed at achieving a criminal result by using violence against the victim or creating a real threat of its immediate use. An attack by an armed gang is also considered to have taken place in cases where the weapons possessed by the members of the gang were not used. Creation of a gang involves the commission of any action, the result of which was the formation of an organized stable armed group for the purpose of attacking citizens or organizations. They can be expressed in conspiracy, finding accomplices, financing, acquiring weapons, etc. The creation of an armed gang is a completed crime, regardless of whether the crimes it planned were committed. Under the direction of gang refers to making decisions related to both the planning, material support and organization of the criminal activities of the gang, as well as the commission of specific attacks by it. Participation in a gang represents not only direct participation in the attacks it commits, but also the performance by members of the gang of other active actions aimed at financing it, providing weapons, transport, searching for objects for attack, etc. The subjective side characterized by direct intent and purpose - an attack on citizens or organizations. By the subject of this crime may be a person who has reached the age of 16. Persons aged 14 to 16 who have committed various crimes as part of a gang are subject to liability only for those specific crimes for which liability is provided from the age of 14. 49. Hijacking of an air or water transport vessel, or of a railway rolling stock The object of the crime is public safety. Subject of the crime: - air transport vessel - an aircraft supported in the atmosphere due to interaction with air, different from interaction with air reflected from the surface of the earth or water; - a water transport vessel - a self-propelled or non-self-propelled floating structure; - railway rolling stock - it includes mechanical rail transport (locomotive, wagons, cranes, railcars, etc.). This also includes subway trains. Trams are not classified as railway rolling stock. The objective side consists in hijacking or seizure for the purpose of hijacking an air or water transport vessel or railway rolling stock. Hijacking of the indicated vessels and convoys is the possession of them and movement on them. Захват - establishing control over the ship or convoy. Capture and theft can be carried out at the parking lot of the vehicle or while it is moving. The hijacking is completed from the moment of departure of the ships or the composition from the place where they were located. Both theft and the seizure of a vehicle for the purpose of theft involve the establishment of control over this vehicle, from that moment the crime is considered completed. If control over the vehicle, regardless of the will of the hijacker, is not established, his actions are qualified as an attempt. Control can consist both in the personal driving of a vehicle, and in forcing its crew, under the threat of violence, to carry out actions to steal. In this case, the violence should not be life-threatening. Under violence not dangerous to life and health, it should be understood as beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation, and other, less dangerous types of violence (for example, forcible imprisonment). Violence can be applied to members of the crew of an aircraft or watercraft, to persons providing movement along the way of a railway rolling stock, to passengers, to personnel of an airfield, station. The subjective side characterized by direct intent, and in the case of capture, by the presence of the purpose of stealing. Subject of the crime - general. Qualifying signs are provided for in Part 2 of Art. 211 of the Criminal Code of the Russian Federation is the commission of an act: - by a group of persons by prior agreement; - with the use of violence dangerous to life or health, or with the threat of such violence; - with the use of weapons or objects used as weapons. Special qualifying features - the commission of an act provided for in Parts 1 and 2 of this article by an organized group, or if this act has negligently caused the death of a person or other grave consequences. The subjective side of the theft or seizure, which negligently caused the death of a person or other grave consequences, is characterized by a double form of guilt. A person foresees that as a result of his actions the death of a person or other grave consequences may occur, but without sufficient grounds, presumptuously counts on their prevention or does not foresee the possibility of the occurrence of these consequences, but should have and could have foreseen them. 50. riots Mass riots is an encroachment on public safety committed by a large group of people (crowd), accompanied by violence against people, pogroms, arson, destruction of property, the use of firearms, explosives or explosive devices, and armed resistance to government officials. The main object of the crime is public safety additional objects - public order, the normal activities of state and municipal bodies and institutions, commercial and non-profit organizations, the rights and legally protected interests of individual citizens. The objective side is: - in organizing riots accompanied by violence, pogroms, arson, destruction of property, the use of firearms, explosives or explosive devices, as well as the provision of armed resistance to a representative of the authorities (part 1 of article 212 of the Criminal Code of the Russian Federation); - in participation in mass riots (part 2 of article 212 of the Criminal Code of the Russian Federation); - in calls for active disobedience to the legitimate demands of government officials and for riots, calls for violence against citizens (part 3 of article 212 of the Criminal Code of the Russian Federation). Organization of riots - activities aimed at leading the crowd to commit targeted actions, to arouse in it the desire to commit pogroms, arson, destruction of property, use firearms, explosives or explosive devices, and provide armed resistance to a representative of the authorities. Violence is to be understood beatings, restriction of freedom, infliction of light and moderate harm to the health of victims, etc. Pogrom means the destruction of residential buildings, commercial, industrial facilities, means of transport, communications and communications, the destruction of monuments, etc. Arson cover such actions that lead to the fire of buildings, vehicles, oil storage facilities, trade facilities, etc. Destruction of property - bringing it into complete disrepair. Under the use of firearms, explosives or explosive devices means their use for causing harm to human health, destruction of property, as well as the threat of using these items. The provision of armed resistance to a representative of the authorities is understood as direct use of firearms, cold steel or other weapons or the threat of their use against a representative of the authorities in order to prevent the restoration of order, to stop the excesses of the crowd. Participation in riots - this is the commission of at least some single action, named in part 1 of this article. Calls for active disobedience to the lawful demands of government officials and for riots, calls for violence against citizens - open appeals to the participants in the riots, aimed at inciting their unwillingness to obey the legitimate demands of the authorities, the desire to participate in mass riots, to exercise violence against citizens. The subjective side - direct intent. Subject of the crime - general. 51. HOOLIGANCY. VANDALISM Hooliganism (Article 213 of the Criminal Code of the Russian Federation) The main object of hooliganism - public order, additional objects - human health, honor and dignity of the individual. The objective side hooliganism is a gross violation of public order, which is expressed in a clear disrespect for society and is committed with the use of weapons or objects used as weapons. Gross violation of public order - such actions of a person that cause significant harm to order, undermine public peace, etc. Clear disrespect for society means an open manifestation of a disdainful attitude of a person to the rules of conduct, to the personality of a person, his honor, dignity. The use of weapons or objects used as weapons, - their direct use or demonstration. For items used as weapons, may include household items (kitchen knives, axes, razors, etc.), as well as any other items used to cause physical harm to a person (stone, club, stick, etc.). The subjective side - direct intent. Subject of the crime - under part 1 of this article - a physical sane person who has reached the age of 16 years, and under part 2 - a physical sane person who has reached the age of 14 years. The qualifying signs are the commission of hooliganism: by a group of persons by prior agreement or by an organized group; associated with resistance to a representative of the authorities or another person performing the duties of protecting public order or suppressing a violation of public order. The concept of a representative power is given in the footnote to Art. 318 of the Criminal Code of the Russian Federation - it is recognized as an official of a law enforcement or regulatory body, as well as another official endowed in the manner prescribed by law with administrative powers in relation to persons who are not dependent on him. Under other persons performing the duties of protecting public order or preventing violations of public order, should be understood as people's combatants, individual citizens who take part in the suppression of violations of public order on their own initiative. Vandalism (Article 214 of the Criminal Code of the Russian Federation) Object of crime - public order. The objective side expressed in vandalism, which is understood as the desecration of buildings or other structures, damage to property on public transport or in other public places. Desecration of buildings or other structures - this is the application of inscriptions, drawings of cynical, obscene content on them, insulting public morality. Damage to property on public transport or other public places - this is damage to property, bringing it into complete or partial unusability. Under a public place refers to the space, the territory allocated for public use. The subjective side - direct intent. Subject of the crime - a sane individual who has reached the age of 14 years. qualifying sign - vandalism committed by a group of persons, as well as motivated by ideological, political, racial, national or religious hatred or enmity. 52. VIOLATION OF SAFETY RULES AT NUCLEAR POWER FACILITIES, AT EXPLOSIVE FACILITIES, WHEN CARRYING OUT MINING, CONSTRUCTION OR OTHER WORK The main object of the crime is public safety in the placement, design, construction and operation of nuclear power facilities. Nuclear power facilities can be: - nuclear installations - structures and complexes with nuclear reactors, including nuclear power plants, ships and other watercraft, space and aircraft, other vehicles and vehicles; structures and complexes with industrial, experimental and research nuclear reactors, critical and subcritical nuclear test benches; structures, complexes, ranges, installations and devices with nuclear charges for peaceful use; other facilities containing nuclear materials, complexes, installations for the production, use, processing, transportation of nuclear fuel and nuclear materials; - radiation sources - complexes, installations, devices, equipment and products not related to nuclear installations, which contain radioactive substances or generate ionizing radiation; - storage facilities for nuclear materials and radioactive substances, storage facilities for radioactive waste - stationary facilities and structures not related to nuclear installations and radiation sources, intended for storage of nuclear materials and radioactive substances, storage or disposal of radioactive waste; - nuclear reactor fuel assembly - a machine-building product containing nuclear materials and designed to generate thermal energy in a nuclear reactor through a controlled nuclear reaction; - irradiated fuel assemblies of a nuclear reactor - fuel assemblies containing spent nuclear fuel irradiated in a nuclear reactor and extracted from it; - nuclear materials - materials containing or capable of reproducing fissile (fissile) nuclear substances; - radioactive substances - non-nuclear materials emitting ionizing radiation; - radioactive waste - nuclear materials and radioactive substances, the further use of which is not foreseen. The objective side - violation of safety rules in the siting, design, construction and operation of nuclear power facilities, if this could lead to the death of a person or radioactive contamination of the environment. The procedure for placement, design, construction and operation of nuclear power facilities is established by the Federal Law of November 21, 1995 No. 170-FZ "On the Use of Atomic Energy". Violation of the rules established by the said Law, other federal laws and by-laws will constitute the objective side of the crime provided for by the commented article, provided that these violations could lead to the death of a person or radioactive contamination of the environment. The subjective side characterized by guilt in the form of negligence. Subject of the crime - special - a person responsible for compliance with safety rules at nuclear facilities. 53. CRIMINAL OFFENSES IN THE SPHERE OF PUBLIC SAFETY RELATED TO NUCLEAR MATERIALS OR RADIOACTIVE SUBSTANCES Object of crime - public safety in the field of handling nuclear materials or radioactive substances. The subject of the crime may be: 1) nuclear materials - materials containing or capable of reproducing fissile (fissile) nuclear substances, including: - depleted uranium - uranium, in which the percentage of the uranium-235 isotope is lower than in natural uranium; - irradiated nuclear material - nuclear material that, due to neutron irradiation in a nuclear reactor or in another nuclear installation, has an equivalent radiation dose rate of more than 1 3 v / h (100 rem / h) at a distance of 1 m without biological protection; - enriched uranium - uranium, in which the percentage of uranium-235 isotope is higher than in natural uranium; - spent nuclear fuel; - natural uranium; - weakly irradiated nuclear material; 2) radioactive substances - non-nuclear materials emitting ionizing radiation. Illicit handling of nuclear materials or radioactive substances (Article 220 of the Criminal Code of the Russian Federation) The objective side is illegal: - acquisition - purchase of nuclear materials or radioactive substances, receiving them as a gift or in payment of a debt, in exchange for goods and things, appropriation of what was found, etc.; - storage - concealment of nuclear materials or radioactive substances in rooms, hiding places, as well as in other places that ensure their safety; - use - the use of nuclear materials or radioactive substances in accordance with their purpose; - transfer - the provision of nuclear materials or radioactive substances by the persons in whose possession they are, to unauthorized persons for temporary use or storage; - destruction of nuclear materials or radioactive substances - any modification, destruction or fission of radioactive substances. The subjective side - direct intent. Parts 2,3 of this article provide for the commission of an act with two forms of guilt - direct intent in relation to the deed and negligence in relation to the consequences in the form of the death of a person or other grave consequences (part 2), the death of two or more persons (part 3). Subject of the crime - general. Theft or extortion of nuclear materials or radioactive substances (Article 221 of the Criminal Code of the Russian Federation) The objective side is: in theft materials or radioactive substances - their unlawful gratuitous seizure and (or) conversion in favor of the guilty person or other persons, committed for the mercenary purpose, which caused damage to the owner or other owner of this property, in extortion nuclear materials or radioactive substances - the demand for their transfer or the right to them under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that can cause significant harm to the rights or legitimate interests the victim or his loved ones. The subjective side - direct intent. Subject of the crime - general, and according to paragraph "c" of part 2 of the article - special - a person who used his official position to commit a crime. 54. ILLEGAL ACQUISITION, TRANSFER, SALES, STORAGE, TRANSPORT OR CARRYING OF WEAPONS, ITS MAJOR PARTS, AMMUNITION, EXPLOSIVES AND EXPLOSIVE DEVICES The object of this crime is public safety. Subject of the crime: - firearms - all types of military, service and civilian weapons, including those made by home-made method, structurally designed to hit a target at a distance with a projectile receiving directed movement due to the energy of a powder or other charge; - its main parts - the barrel, bolt, drum, frame, receiver, trigger and locking mechanisms; - ammunition - weapons and projectile equipment designed to hit a target and containing explosive, propelling, pyrotechnic or expelling charges, or a combination thereof; - explosives - chemical compounds or mechanical mixtures of substances capable of rapid self-propagating chemical transformation, explosion without access to atmospheric oxygen; - explosive devices - industrial or home-made products that functionally combine an explosive and a device for initiating an explosion. The subject of the crime under Part 4 of Art. 222 of the Criminal Code of the Russian Federation is: 1) gas weapon - a weapon designed to temporarily destroy a living target by using tear or irritant substances; 2) edged weapons - manufactured in an industrial or home-made way: - items designed to hit a target with the help of human muscle power in direct contact with the target; - objects designed to hit a target at a distance with a projectile that receives directed movement with the help of human muscle strength; 3) throwing weapon - a weapon designed to hit a target at a distance with a projectile that receives a directed movement with the help of human muscle power or a mechanical device. The objective side of the crime consists in the following alternative actions - in illegal: - acquisition - their purchase, receiving as a gift or in payment of a debt, in exchange for goods and things, appropriation of what was found, etc.; - transfer - their illegal provision by the persons who have them to third parties for temporary use or storage; - sale - their irretrievable alienation into the property of other persons as a result of any illegal transaction; - storage - concealment of these items in rooms, caches, as well as in other places that ensure their safety; - transportation - their movement by any means of transport, but not directly with the accused; - wearing - finding them in clothes or directly on the body of the accused, as well as carrying them in a bag, briefcase, etc. items. The subjective side characterized by guilt in the form of direct intent. The subject of the crime is general - a natural sane person who has reached the age of 16 years. A person who voluntarily handed over the specified objects of a crime shall be released from criminal liability, unless his actions contain a different corpus delicti. Their withdrawal during the arrest of a person, as well as during the performance of investigative actions for their discovery and seizure, cannot be recognized as the voluntary surrender of these items. 55. ILLEGAL ACQUISITION, STORAGE, TRANSPORTATION, MANUFACTURING, PROCESSING OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES OR THEIR ANALOGUES Direct object of the crime - public health. Subject of the crime: - drugs - substances of synthetic or natural origin, preparations, plants included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation; - psychotropic substances - substances of synthetic or natural origin, preparations, natural materials included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation; - analogues of narcotic drugs and psychotropic substances - substances of synthetic or natural origin prohibited for circulation in the Russian Federation, not included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, the chemical structure and properties of which are similar to the chemical structure and properties of narcotic drugs and psychotropic substances, psychoactive whose action they reproduce. Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues (Article 228 of the Criminal Code of the Russian Federation) The objective side is illegal: - acquisition of - their receipt by any means, including purchase, receiving as a gift, as well as as a means of offsetting for the work done, the service rendered or in payment of a debt, in exchange for other goods and things, appropriation of what was found, collection of wild plants or their parts, collection of residues of crops of these plants located on unprotected fields after the completion of their harvesting; - storage - actions of a person related to the illegal possession of these funds or substances, including for personal consumption; - transportation - intentional actions of a person who, without the purpose of sale, moves narcotic drugs, psychotropic substances or their analogues from one place to another, including within the same settlement, committed using any type of transport or any object used in the form of a means of transport, as well as in violation of the general procedure for the transportation of these funds and substances, established by Art. 21 of the Federal Law "On Narcotic Drugs and Psychotropic Substances"; - making - intentional actions committed in violation of the legislation of the Russian Federation, as a result of which one or more ready-to-use and consumption narcotic drugs, psychotropic substances or their analogues were obtained from drug-containing plants, medicinal, chemical and other substances; - recycling - intentional actions for refining (cleaning from foreign impurities) a solid or liquid mixture containing one or more narcotic drugs or psychotropic substances, or increasing the concentration of a narcotic drug or psychotropic substance in such a mixture (preparation), as well as mixing with other pharmacologically active substances with the purpose of increasing their activity or enhancing the effect on the body. The subjective side characterized by direct intent and lack of sales purpose. Subject of the crime - general. 56. THEFT OR EXTORTING OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES. CONSUMPTION TO THE CONSUMPTION OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES Direct object of the crime - public health. Subject of the crime - narcotic drugs and psychotropic substances. Theft or extortion of narcotic drugs or psychotropic substances (Article 229 of the Criminal Code of the Russian Federation) Victims along with citizens in possession of these drugs or substances, there may be persons empowered to issue documents giving the right to legally acquire narcotic drugs or psychotropic substances, persons who have access to narcotic drugs or psychotropic substances in connection with their professional activities, as well as other persons whose labor functions are related to the legal circulation of narcotic drugs or psychotropic substances. The objective side is the theft or extortion of narcotic drugs or psychotropic substances. Responsibility for theft of narcotic drugs and psychotropic substances arises in cases of their unlawful seizure from legal entities or individuals who own them legally or illegally, including by collecting plants included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, or their parts from the lands of agricultural and other enterprises, as well as from the land plots of citizens on which these plants are illegally grown. Theft or extortion of narcotic drugs or psychotropic substances and actions for their subsequent storage, processing, transportation, shipment, sale must be qualified under Art. 229 of the Criminal Code of the Russian Federation, as well as taking into account the specific circumstances of the case - on the totality of crimes under Art. 228 or Art. 228.1 of the Criminal Code of the Russian Federation. The subjective side - direct intent. Subject of the crime - a sane individual who has reached the age of 14 years. Inducement to the consumption of narcotic drugs or psychotropic substances (Article 230 of the Criminal Code of the Russian Federation) The objective side is inclination to the consumption of narcotic drugs or psychotropic substances. The inclination to consume narcotic drugs or psychotropic substances can be expressed in any intentional actions, including a one-time nature, aimed at arousing another person's desire for their consumption (in persuasion, offers, giving advice, etc.), as well as in deceit, mental or physical violence, restriction of freedom and other actions committed with the aim of coercing the consumption of narcotic drugs or psychotropic substances by a person who is affected. To recognize the crime as completed, it is not required that the person being persuaded actually used a narcotic drug or a psychotropic substance. The declension, which negligently caused the death of the victim, is covered by the disposition of part 3 of Art. 230 of the Criminal Code of the Russian Federation and does not require additional qualifications. Other serious consequences should be understood as suicide or attempted suicide of the victim, the development of drug addiction, a serious illness associated with the consumption of narcotic drugs or psychotropic substances, HIV infection, etc. The subjective side - direct intent. Subject of the crime - general. 57. ILLEGAL TRAFFICKING IN POTENTIAL OR POISONOUS SUBSTANCES FOR MARKET PURPOSE Object of crime - public health. The subject of the crime may be potent or poisonous substances that are not narcotic drugs or psychotropic substances, or equipment for their manufacture or processing. potent substances are recognized that are not narcotic, have an intoxicating effect on a person and are capable of causing death or harm to health. Under poisonous substances This refers to substances that, when exposed to living organisms, can cause a sharp disruption of normal life. Equipment for the manufacture and processing of potent or toxic substances includes both industrial and artisanal or adapted equipment enabling the relevant chemical reactions to be carried out or physical processes to be controlled. Article 234 of the Criminal Code of the Russian Federation provides for two independent corpus delicti: - Parts 1-3 establish liability for actions related to the illegal circulation of potent or poisonous substances; - in part 4 - for violation of the rules of their legal circulation. The objective side is: - in illegal production, processing, acquisition, storage, transportation or transfer for the purpose of sale; - illegal sale of potent or poisonous substances that are not narcotic drugs or psychotropic substances, or equipment for their manufacture or processing; - in violation of the rules for the production, acquisition, storage, accounting, release, transportation or shipment of potent or toxic substances, if this resulted in their theft or other significant damage (part 4). Under production of these substances should be understood as any actions as a result of which they will be produced from natural or synthetic raw materials. processing - any actions, as a result of which new ones are obtained from specific potent or toxic substances, for example, purified from foreign impurities, mixed in certain proportions to enhance the intoxicating or poisoning effect. Acquisition of - this is the receipt of potent or toxic substances in any way, for example, their purchase, receipt in exchange for other goods, in payment of a debt, as a gift, etc. storage are any actions related to the presence of potent or poisonous substances in the possession of the perpetrator. Under transportation should be understood as any action for the movement of potent or toxic substances, regardless of the method of transportation and storage location. Forwarding - this is such an illegal movement of potent or toxic substances when they are transported without the participation of the sender, for example, in the form of postal or baggage items. Mandatory elements of the subjective side are direct intent, the presence of the purpose of sale (part 1). The subjective side of the corpus delicti under part 4 of the article, characterized by a careless form of guilt. Subject of the crime - a person who has reached the age of 16, and under Part 4 - a person whose duties included the production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or toxic substances. 58. CONCEPT AND TYPES OF ENVIRONMENTAL CRIMES. VIOLATION OF ENVIRONMENTAL PROTECTION RULES DURING WORK PRODUCTION Environmental crimes - socially dangerous acts (actions or omissions) provided for by the criminal law that encroach on public relations for the preservation of the natural environment, the rational use of natural resources, environmental order and environmental safety of both the population and the natural environment. Items environmental crimes are the natural environment as a whole and specific components (resources) of the natural environment that are in their natural state (water, land, forests, wildlife, etc.). The objective side The vast majority of environmental crimes consists in non-compliance or violation of special rules established in order to ensure environmental order and environmental safety, as well as to prevent environmental crimes. From the subjective side environmental crimes are committed both intentionally and through negligence. The subject of environmental crimes, as a rule, general - a person who has reached the age of 16 years. Types of environmental crimes depending on the immediate object: 1) general (Articles 246-248, 262 of the Criminal Code of the Russian Federation); 2) special (Article 249-261 of the Criminal Code of the Russian Federation) - encroachments: - on the water and air environment (Art. 250-252 of the Criminal Code of the Russian Federation); - to land and its subsoil (Articles 253-255 of the Criminal Code of the Russian Federation); - on the animal world - fauna (part 1 of article 249, 256-259 of the Criminal Code of the Russian Federation); - on the flora - flora (part 2 of article 249, 260, 261 of the Criminal Code). Violation of the rules of environmental protection in the course of work (Article 246 of the Criminal Code of the Russian Federation) direct object crime is everyone's right to favorable environment, i.e. the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects. The objective side is expressed in violation of the rules of environmental protection in the design, placement, construction, commissioning and operation of industrial, agricultural, scientific and other facilities. Placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects that have a direct or indirect negative impact on the environment are carried out in accordance with the requirements in the field of environmental protection. At the same time, measures should be taken to protect the environment, restore the natural environment, rational use and reproduction of natural resources, and ensure environmental safety. Violation of the rules of environmental protection will be criminally punishable if such a violation entailed a significant change in the radioactive background, harm to human health, mass death of animals, or other grave consequences. The subjective side can be characterized as an intentional form of guilt, and careless. Subject of the crime - special - a person responsible for compliance with the rules of environmental protection in the design, placement, construction, commissioning and operation of industrial, agricultural, scientific and other facilities. 59. VIOLATION OF RULES OF SAFETY OF TRAFFIC AND OPERATION OF TRANSPORT AND THEIR TYPES This group of crimes includes: 1) violation of traffic safety rules and operation of railway, air or water transport (Article 263 of the Criminal Code of the Russian Federation). Direct object of the crime - safe conditions for the movement and operation of railway, air and water transport. Subject of the crime: - railway transport - public rail transport, non-public rail transport, as well as technological rail transport of organizations intended for the movement of goods on the territories of these organizations; - air Transport - aircraft maintained in the atmosphere due to interaction with air, different from interaction with air reflected from the surface of the earth or water; - sea transport - a self-propelled or non-self-propelled floating structure used for the purpose of transporting people and goods; - river transport - a self-propelled or non-self-propelled floating structure used to transport people and goods along river routes. The objective side - violation of traffic safety rules and operation of railway, air, sea or river transport, if it caused serious harm to human health. The subjective side - intent or negligence in relation to the act and careless attitude to the consequences that have occurred in the form of serious harm to human health (part 1), death of a person (part 2), death of two or more persons (part 3). Subject of the crime - a person obliged to observe the safety of traffic and operation of railway, air, sea or river transport; 2) violation of the rules of the road and the operation of vehicles (Article 264 of the Criminal Code of the Russian Federation). immediate object - safe conditions for the movement and operation of vehicles. Subject of the crime - car, tram or other mechanical vehicle. The objective side - violation of the rules of the road or the operation of vehicles, if such a violation caused serious harm to human health (part 1), death of a person (part 2), death of two or more persons (part 3). The subjective side - imprudence. Subject of the crime - a person driving a car, tram or other mechanical vehicle. Part 2 provides for liability for violation of the rules of the road or the operation of vehicles, which negligently caused the death of a person, and part 3 - violation of the rules of the road or the operation of vehicles, which negligently caused the death of two or more persons; 3) violation of the rules of international flights (Article 271 of the Criminal Code of the Russian Federation). immediate object - safety of air transport during international flights. International flight - flight of an aircraft in the airspace of more than one state. The objective side - violation of the rules of international flights (failure to comply with the routes, landing sites, flight altitudes specified in the permit, or other violation of the rules of international flights). The subjective side - direct intent. Subject of the crime - a person obliged to comply with the rules of international flights. 60. TRANSPORT CRIMES NOT ASSOCIATED WITH VIOLATION OF THE RULES OF TRAFFIC SAFETY AND OPERATION OF TRANSPORT immediate object - safe operating conditions of vehicles. This group includes poor-quality repair of vehicles and their release into operation with technical malfunctions (Article 266 of the Criminal Code of the Russian Federation) The subject of the crime may be: a) any type of vehicle; b) means of signaling; c) means of communication; d) means of other transport equipment; e) ways of communication: - railroad tracks; - runway, etc.; - routes of sea or river vessels from one port to another; - the carriageway. The objective side is: poor-quality repair of vehicles, means of communication, means of signaling or communication, or other transport equipment; release into operation of technically faulty vehicles. Mandatory elements of the objective side there are also consequences in the form of serious harm to human health (Part 1), death of a person (Part 2), death of two or more persons (Part 3) and a causal relationship between the act and the consequences. The subjective side - imprudence. Subject of the crime - the person responsible for the technical condition of vehicles. Disabling vehicles or means of communication (Article 267 of the Criminal Code of the Russian Federation) Subject of the crime - vehicles, means of communication, means of signaling or communication or other transport equipment, transport communications. The objective side consists in rendering the specified items unusable, which means destruction, damage or otherwise rendering them unusable. Mandatory elements of the objective side there are also consequences in the form of serious harm to human health or causing major damage (part 1), death of a person (part 2), death of two or more persons (part 3) and a causal relationship between the act and the consequences. The subjective side in relation to the ensuing consequences is characterized by imprudence. Subject of the crime - general. Violation of the rules ensuring the safe operation of transport (Article 268 of the Criminal Code of the Russian Federation) From crimes under Art. 263 and 264 of the Criminal Code of the Russian Federation, this crime differs only in terms of the subject - it is a passenger, pedestrian or other participant in the movement (except for the persons specified in Articles 263 and 264 of the Criminal Code of the Russian Federation). Violation of safety rules during the construction, operation or repair of main pipelines (Article 269 of the Criminal Code of the Russian Federation) Mandatory elements of the objective side are recognized: 1) violation of safety rules during the construction, operation or repair of main pipelines; 2) consequences in the form of serious harm to human health (Part 1), death of a person (Part 2), death of two or more persons (Part 3); 3) a causal relationship between the act and the resulting consequences. The subjective side - imprudence. Subject of the crime - special. Failure by the ship's captain to provide assistance to those in distress (Article 270 of the Criminal Code of the Russian Federation) Responsibility comes under two conditions: the person was obliged to provide assistance; assistance could be provided without serious danger to own ship, its crew and passengers. 61. CONCEPT AND TYPES OF CRIMES IN THE SPHERE OF COMPUTER INFORMATION Under computer crimes refers to acts committed in the field of information processes and encroaching on information security, the subject of which is information and computer facilities. immediate object - public relations in the field of computer information. Types of crime: 1) illegal access to computer information (Article 272 of the Criminal Code of the Russian Federation). Subject of the crime - computer information protected by law, which is located on a machine carrier, in a computer, computer system or their network. The objective side - illegal access to the specified information, if this act entailed the destruction, blocking, modification or copying of information, disruption of the computer, computer system or their network. Illegal access means that the person who collects, processes, searches, etc., does not have the right to carry out such activities. The methods of committing can be different - using someone else's password, code, someone else's name, theft of information media, etc. Destruction of information - its removal in whole or in part from the computer, from material carriers. Information blocking - committing actions that result in the impossibility of further use of computer information. Modification - these are any changes in computer information, with the exception of changes carried out solely for the purpose of ensuring the functioning of computers, computer programs or databases on specific user hardware or under the control of specific user programs. Copying - reproduction of information on another material carrier while maintaining unchanged original information. The subjective side characterized by an intentional form of guilt. Subject of the crime under part 1 - general, and under part 2 - it can be both general and special (if the act is committed by a person using his official position or by a person who has access to a computer, computer system or their network); 2) creation, use and distribution of malicious programs for computers (Article 273 of the Criminal Code of the Russian Federation). The objective side is the following alternative actions: - creation of computer programs that knowingly lead to unauthorized destruction, blocking, modification or copying of information, disruption of the computer, computer system or their network; - making changes to existing programs that knowingly lead to unauthorized destruction, blocking, modification or copying of information, disruption of the computer, computer system or their network; - use of such programs or computer media with such programs; - distribution of such programs or computer media with such programs. The subjective side - direct intent. Subject of the crime - general; 3) violation of the rules for the operation of computers, computer systems or their networks (Article 274 of the Criminal Code of the Russian Federation). The objective side is expressed in violation of the rules for the operation of computers, computer systems or their networks, resulting in the destruction, blocking or modification of computer information protected by law, provided that this act caused significant harm. The subjective side - guilt in the form of intent or negligence. Subject of the crime - a person who has access to a computer, a computer system or their network. 62. TREASON. ESPIONAGE High treason (Article 275 of the Criminal Code of the Russian Federation) The immediate object is the external security of the Russian Federation. The subject of high treason are information constituting a state secret. The list of information constituting a state secret is a set of categories of information in accordance with which information is classified as a state secret and is classified on the grounds and in the manner established by federal law. The objective side consists of high treason, which includes the following alternative actions: - espionage - transfer, collection, theft or storage for the purpose of transfer to a foreign state, a foreign organization or their representatives of information constituting a state secret, as well as the transfer or collection of other information on the instructions of foreign intelligence for use to the detriment of the external security of the Russian Federation; - disclosure of state secrets - deliberate transfer to a foreign state, a foreign organization or their representatives of information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation; - other assistance to a foreign state, foreign organization or their representatives in carrying out hostile activities to the detriment of the external security of the Russian Federation - committing any actions that damage the external security of the Russian Federation, but do not fall under the concept of issuing state secrets or espionage. The subjective side - direct intent. Subject of the crime - a citizen of the Russian Federation. Espionage (Article 276 of the Criminal Code of the Russian Federation) Direct object - External security of the Russian Federation. Subject of the crime - information constituting a state secret, or other information that can be used to the detriment of the external security of the Russian Federation. The objective side is expressed in espionage, which is understood as the transfer, collection, theft or storage of information constituting a state secret, as well as the transfer or collection of other information on the instructions of foreign intelligence for use to the detriment of the external security of the Russian Federation. Transfer of information - their provision for use to the detriment of the external security of the Russian Federation to a foreign state, foreign organization or their representatives. picking up - any method of obtaining information, except for theft. Theft - illegal gratuitous seizure of information committed for selfish purposes, which caused damage to the external security of the Russian Federation. Storage - temporary location of information intended for transmission in the possession of the perpetrator. At the same time, the perpetrator did not collect this information and did not steal it. Mandatory elements of the subjective side are the intent and existence of the purpose of transferring information to a foreign state, a foreign organization or their representatives when they are collected, stolen or stored. Subject of the crime - foreign citizen or stateless person. Face released from criminal liability if it, by voluntary and timely notification to the authorities or otherwise, contributed to the prevention of further damage to the interests of the Russian Federation and if its actions do not contain a different corpus delicti. 63. ATTEMPT ON THE LIFE OF A STATE OR PUBLIC MAN main object crimes are social relations that regulate the foundations of the political system of Russia established by the Constitution. Additional object - the life of a statesman or public figure. The victims a state or public figure is recognized, i.e. a person who has proven himself in any state or public activity. Statesmen - these are the heads or other officials of the highest bodies of legislative, executive and judicial power, which carry out state and political functions for the implementation of state policy. Under public figures should be understood as leaders, activists of political parties, public organizations, mass movements, trade unions, religious organizations and other public associations. The objective side the crime is expressed in an attempt on life, i.e., the commission of acts directly aimed at killing a statesman or public figure, or an attempt to kill him. The infliction of harm to the health of the victim is covered by the same corpus delicti and does not require additional qualification. The methods of murder do not affect the qualification, however, if there are some optional signs of the objective side (method, situation, place), the responsibility of the perpetrator may be cumulative (for example, the implementation of a terrorist act against a statesman by blowing up at a rally, demonstration). The use of weapons, ammunition, explosives and explosive devices, as well as narcotic or psychotropic substances in the commission of a terrorist act, which are in illegal circulation, should be qualified in conjunction with Art. 222 of the Criminal Code of the Russian Federation or 228 of the Criminal Code of the Russian Federation. Encroachment on the life of ordinary civil servants or representatives of public organizations, as well as family members, close relatives of state and public figures does not constitute a crime. The acts committed should be qualified under the relevant articles, depending on the nature of the action, consequences, etc. By the subject terrorist act may be a citizen of Russia, a foreign citizen or a stateless person who has reached the age of 16 years. The subjective side characterized by direct intent. Mandatory sign of the subjective side is goal - termination of state or other political activity by physical elimination of a political opponent or revenge for such activity. In most cases, these goals coincide. In cases where the murder is committed for a different purpose or for other motives, the deed should be qualified under other articles, depending on the direction of intent (for example, under part 2 of article 105). In cases where the perpetrator mistakenly kills not a statesman or public figure, but another person, responsibility arises for the totality of crimes - as for an encroachment on the life of a statesman or public figure and the murder of another person. 64. DIVERSE Main object - public relations regulating the economic security and defense capability of the Russian Federation, additional - life and health of the population. Subject of the crime - enterprises (factories, factories), structures (bridges, dams, tunnels, power plants), ways and means of communication, railway, water, air transport, communication facilities, life support facilities for the population (water supply systems, product pipelines, warehouses with food and fuel and lubricants materials), etc. The objective side is expressed in the commission of an explosion, arson, other actions aimed at the destruction or damage of these objects. Destruction - complete disabling of an object, bringing it into disrepair, when it cannot be restored or its restoration is recognized as economically unprofitable. Damage - partial disabling of the facility, as a result of which, to some extent, the economic significance and economic value are reduced, however, at certain costs, restoration is possible and economically feasible. Under other actions refers to the use of various chemical, bacteriological and similar means that can cause similar effects. Buildings - constructed objects, buildings with various economic purposes. Structures include power plants, water towers, dams, bridges, tunnels, dams, canals, warehouses, etc. Ways and means of communication - vehicles of all types, objects of railway, road, water, air and pipeline transport, designed to receive, issue cargo, transport it, serve passengers. Means of communication - technical means used for the formation, processing, transmission or reception of telecommunication messages or postal items, telephone or telegraph communications, radio communications, television, etc. Objects of life support of the population - any national economic facilities that ensure uninterrupted, normal activities of the population (water supply, energy and gas supply, food and manufactured goods supply, medical care, etc.). Sabotage is recognized as a completed crime from the moment of performing the actions specified in the disposition of the article, regardless of the occurrence or non-occurrence of a criminal result. The actual infliction of harm does not affect the qualification of the deed, but is taken into account when sentencing. By the subject sabotage may be a citizen of Russia, a foreign citizen or a stateless person who has reached the age of 16 years. The subjective side crimes are characterized by direct intent and special purpose - Undermining the economic security and defense capability of the Russian Federation. Under economic security refers to the state of security and guarantee of the vital economic interests of the Russian Federation, the well-coordinated and uninterrupted work of individual parts of the economy as a single economic complex. On the subjective side, the composition of sabotage differs from other crimes, which are also expressed in the deliberate destruction or damage of property, rendering vehicles and means of communication unusable, but they do not have the goal of undermining the economic security and defense capability of the Russian Federation. 65. Inciting hatred or hostility, as well as humiliation of human dignity The main object of the crime - public relations in the field of ensuring the constitutional foundations for guaranteeing national, racial and religious interests. Additional object - honor and dignity of citizens. The objective side of the corpus delicti is characterized by the following types of acts: - actions aimed at inciting hatred, enmity; - actions aimed at humiliating human dignity; - propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, nationality or race. Actions aimed at inciting hatred or enmity are characterized by public dissemination of various inhumane ideas, views, opinions that provoke a state of hostility, incite a feeling of hatred between significant groups of people. These actions should be of a general nature and apply to a significant number of persons (for example, calls for deportation, reprisals or violence, obstruction of national and religious rites, the use of discriminatory measures). Actions aimed at humiliating the dignity of a person, - discredit, a negative attitude of a discriminatory nature towards a certain nation, expressed in an indecent, humiliating form. Such actions can be expressed in humiliation, insult, showing the inferiority, unsuitability, limitation, inferiority of an individual citizen. A common and obligatory sign for them is the performance of actions publicly or through the media. Publicity means that views, ideas that incite national, racial, religious hatred, enmity, are distributed openly, in the presence of the public, i.e., a wide range of people (for example, at a rally, meeting). Use of the media involves the dissemination of these views, ideas through radio, television, newspapers, magazines, etc. The crime is considered completed at the time of the commission of these actions, regardless of the onset of consequences (formal composition). By the subject crimes can be committed by persons who have reached the age of 16 years. The subjective side corpus delicti is characterized by guilt in the form of direct intent. Motives and goals can be very different and do not affect qualifications. The motive for the crime is most often nationalistic, racial or religious. Part 2 Art. 282 of the Criminal Code of the Russian Federation provides as qualifying signs the same acts committed: - with the use of violence or the threat of its use; - by a person using his official position; - an organized group. Under the use of violence any violent acts are understood, except for cases of intentional infliction of grievous bodily harm, which are qualified in aggregate. Threat has a qualifying value if there is reason to fear the realization of this threat. Use by a person of his official position presupposes that he has not only powers, but also an official position, which are granted to him by the type of service or work or in connection with the position he holds. 66. DISCLOSURE OF STATE SECRET. LOSS OF DOCUMENTS CONTAINING STATE SECRET Disclosure of state secrets (Article 283 of the Criminal Code of the Russian Federation) immediate object - External security of the Russian Federation. The subject crimes are information constituting a state secret. The objective side of the crime involves: - unlawful disclosure of information constituting a state secret through action or inaction; - the onset of certain consequences - they have become the property of other persons; - causal relationship between specified actions and consequences. Other persons - these are those who are not allowed to work with information constituting a state secret, or are admitted, but to other information. Methods of disclosure can be different: oral (speech, conversation), written (publication in the press, an indication in a letter), demonstrative (showing samples, products, materials, diagrams, drawings), violation of the storage and use of such information (leaving documents in places accessible for acquaintance by other persons, loss of documents). The crime is considered completed from the moment when the specified information became the property of another person, i.e. with the onset of consequences. The subjective side - direct or indirect intent. Subject of the crime - special: - persons who have access to work with information constituting a state secret; - persons to whom the specified information became known due to official duties in the service or work. Qualified corpus delicti - disclosure of state secrets, entailed by negligence grave consequences. Severe consequences - an evaluative concept established depending on the circumstances of the crime committed, in particular on the use of this information and its addressee, the significance of the actual damage caused, etc. Loss of documents containing state secrets (Article 284 of the Criminal Code of the Russian Federation) immediate object crimes - the external security of the Russian Federation. The subject of the crime are: - documents containing state secrets - a written, textual, graphic act drawn up in accordance with the established procedure on a material carrier of information, having mandatory details that allow it to be identified, and containing information constituting a state secret; - items, the information in which constitutes a state secret, - carriers of information, which contains information about a state secret. the objective side crime constitutes a violation of the rules for handling documents containing state secrets or objects, information about which constitutes a state secret, provided that such a violation caused their loss and the onset of grave consequences. Loss means the withdrawal of a document or object from the possession of a given person against the will of this person as a result of a violation by him of the established rules for handling documents or objects. The crime is considered completed from the moment of loss of the document (object) and the onset of grave consequences. The subjective side characterized by a careless form of guilt. Subject of the crime - special - a person who has access to state secrets. 67. THE CONCEPT AND TYPES OF CRIMES AGAINST STATE AUTHORITY, INTERESTS OF PUBLIC SERVICE AND SERVICE IN LOCAL GOVERNMENT BODIES. THE SUBJECT OF THESE CRIMES Crimes against state power, the interests of public service and service in local governments - these are socially dangerous acts (actions or omissions) that are committed by representatives of the authorities, officials and other civil servants who are not officials, due to their official position and contrary to the interests of the service and cause significant harm to the normal activities of public authorities, the interests of the civil service or services in local government or contain a real threat of causing such harm. These crimes differ from other criminal offenses in special features: - they are committed by special subjects, the exception is Art. 291 of the Criminal Code of the Russian Federation (giving a bribe), where the subject is general; - the commission of socially dangerous acts is possible only due to the official position held or with the use of one's official powers; - they encroach on the normal activities of state authorities and administrations, as well as local governments, or contain a real threat of such a violation. Types of these crimes: - abuse of power (Article 285 of the Criminal Code of the Russian Federation); - abuse of office (Article 286 of the Criminal Code of the Russian Federation); - refusal to provide information to the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation (Article 287 of the Criminal Code of the Russian Federation); - assignment of powers of an official (art. 288 of the Criminal Code of the Russian Federation); - illegal participation in entrepreneurial activity (Article 289 of the Criminal Code of the Russian Federation); - receiving a bribe (Article 290 of the Criminal Code of the Russian Federation); - Giving a bribe (Article 291 of the Criminal Code of the Russian Federation); - official forgery (Article 292 of the Criminal Code of the Russian Federation); - negligence (Article 293 of the Criminal Code of the Russian Federation). The subject of most crimes of this group can only be an official. Officials are persons who permanently, temporarily or by special authority perform the functions of a representative of power or perform organizational, administrative, administrative and economic functions in state bodies, local governments, state and municipal institutions, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation. Organizational and administrative functions include, for example, team management, placement and selection of personnel, organization of work or service of subordinates, maintaining discipline, applying incentives and imposing disciplinary sanctions. To administrative and economic functions may, in particular, include the authority to manage and dispose of property and funds on the balance sheet and bank accounts of organizations and institutions, military units and subdivisions, as well as other actions: making decisions on the calculation of wages, bonuses, monitoring the movement of material values, determining the order of their storage, etc. A person temporarily performing duties in a certain position may be recognized as the subject of a crime, provided that these duties are assigned to this person in the manner prescribed by law. 68. ABUSE OF OFFICIAL POWERS. EXCESS OF OFFICIAL AUTHORITIES As the the main object of the crime public relations that regulate the normal operation of the state apparatus and the apparatus of local self-government, both as a whole and its individual links, come into play. Additional object - the rights and legitimate interests of citizens, organizations, legally protected interests of society and the state. Abuse of official powers (Article 285 of the Criminal Code of the Russian Federation) The objective side of the crime - the use by an official of his official powers contrary to the interests of the service, if this act entailed a significant violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state. abuse such actions of an official may be recognized that arose from his official powers and were related to the exercise of the rights and obligations that this person is endowed with by virtue of his position. Violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state can be expressed in undermining the authority of authorities, state and public organizations, creating interference and disruption in their work, violating public order, concealing large-scale theft, other serious crimes, etc. P. In deciding whether the violations are material, it is necessary to take into account the degree of negative impact of the unlawful act on the normal operation of the enterprise, organization, institution, the nature and amount of material damage suffered by them, the number of injured citizens, the severity of the moral, physical or property damage caused to them, etc. The subjective side expressed in intent (direct or indirect) and motive - selfish or other personal interest. Subject - special (official), according to part 2 of Art. 285 of the Criminal Code of the Russian Federation, a person holding a public position of the Russian Federation or a public position of a constituent entity of the Russian Federation, the head of a local self-government body. Abuse of official powers (Article 286 Criminal Code of the Russian Federation) objective side - the commission by an official of actions that clearly go beyond the limits of his powers and entail a significant violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state. When delimiting abuse of power or official position from excess of power or official authority it should be assumed that in the first case, the official illegally, contrary to the interests of the service, uses the rights and powers granted to him by law, and in the second, he performs actions that are clearly beyond his official competence (which relate to the powers of another official or could be committed by the official himself only in the presence of special circumstances specified in the law or by-law, as well as actions that no one under any circumstances has the right to perform). The subjective side - direct or indirect intent and, unlike abuse of power, there is no motive. Subject - executive. 69. RECEIVING A BRIBE. BRIBEING Object of crime - public relations in the field of ensuring the normal functioning of the legitimate public activities of state authorities and local governments. The objective side of receiving a bribe - receipt by an official personally or through an intermediary of a bribe in the form of money, securities, other property or benefits of a property nature for actions (inaction) in favor of the bribe giver or persons represented by him, if such actions (inaction) are within the official powers of the official or he is in the force of his official position can contribute to such actions (inaction), as well as for general patronage or connivance in the service. Under official position one should, in particular, understand the significance and authority of the position held, being subordinate to other officials, in respect of which the leadership is carried out by the bribe taker. К general patronage the service may include, in particular, actions related to undeserved promotion, extraordinary unjustified promotion, and other actions that are not necessary. К connivance in the service should include, for example, the official's failure to take action for omissions or violations in the official activities of the briber or persons represented by him, failure to respond to his illegal actions. Under the actions (inaction) of an official should be understood as such actions that he was authorized or obliged to perform in accordance with the official powers vested in him. The objective side of the criminal act under Art. 291 of the Criminal Code of the Russian Federation, consists in giving a bribe to an official personally or through an intermediary. Part 2 Art. 290 of the Criminal Code of the Russian Federation provides for responsibility for receiving a bribe by an official for illegal actions (inaction), and Part 2 of Art. 291 - for giving a bribe to an official for committing obviously illegal actions (inaction). Illegal actions of an official - unlawful actions that did not follow from his official powers or were committed contrary to the interests of the service, as well as actions that contain signs of a crime or other offense. Bribe should be considered received by prior agreement by a group of persons, if two or more officials participated in the crime, who agreed in advance on the joint commission of this crime using their official position. Organized group characterized by stability, a higher degree of organization, the distribution of roles, the presence of an organizer and leader. Extortion means the requirement of an official to give a bribe under the threat of committing actions that may harm the legitimate interests of a citizen or put the latter in such conditions under which he is forced to give a bribe in order to prevent harmful consequences for his legally protected interests. A large amount of a bribe is recognized as the amount of money, the value of securities, other property or benefits of a property nature, exceeding one hundred and fifty thousand rubles. subjective side - direct intent. Subject of the crime under Art. 290 of the Criminal Code of the Russian Federation special, according to Art. 291 - common. 70. OFFICIAL FORGE AND ITS DIFFERENCE WITH OTHER CRIMES IN THE SPHERE OF DOCUMENT HANDLING The object of the crime is the normal activity of state bodies, local self-government bodies, state and municipal institutions, the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation, regulated by relevant legal acts. Subject of the crime - official documents, i.e. documents adopted by the legislative, executive and judicial authorities, which are mandatory, recommendatory or informational in nature. The objective side is: - when an official, as well as a civil servant or an employee of a local self-government body who is not an official, introduces deliberately false information into official documents. In this case, the document has all the signs of a genuine one, but knowingly false information is entered into it, i.e., there is an intellectual forgery; - in making corrections to these documents that distort their actual content. In this case, corrections are made to the document by erasing, replacing the text or numbers available there with others that distort its actual content (material forgery). Corpus delicti - formal - is considered completed from the moment one of the actions specified in the disposition of the article is committed, regardless of the occurrence of any socially dangerous consequences. The subjective side characterized by direct intent and motive - selfish or other personal interest. Self-interest - actions with the aim of obtaining a property benefit without illegal gratuitous circulation of state or public funds into one's own property or the property of other persons. Other personal interest can be expressed in the desire to gain a non-property benefit, due to such motives as careerism, protectionism, nepotism, the desire to embellish the real situation, receive mutual favors, enlist support in resolving any issue, hide one's incompetence, etc. Subject of the crime - special: - executive; - a civil servant or an employee of a local self-government body who is not an official. For the corpus delicti, it is necessary to link the forgery of documents with the official functions of the perpetrator. If the forgery of documents is committed without using his official position, then the act can, under certain conditions, be qualified under Art. 327 of the Criminal Code of the Russian Federation as a crime against the order of management. In cases where the perpetrator uses a document forged by him to commit another crime, criminal liability occurs in combination - for official forgery and for a crime committed using a forged document. Thus, the use by an official of a deliberately fictitious document prepared by him when committing theft should be qualified in aggregate as an official forgery (Article 292 of the Criminal Code of the Russian Federation) and theft (Part 2 of Article 160 of the Criminal Code of the Russian Federation). Often, official forgery precedes fraud committed using one's official position (part 2 of article 159 of the Criminal Code of the Russian Federation), and forms an aggregate with it. 71. NEGLIGENCE The direct object of the crime is the normal activity of state bodies, local self-government bodies, state and municipal institutions, the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation, regulated by relevant legal acts. The objective side consists of three elements: 1) act (both action and inaction) - failure to perform or improper performance by an official of his duties due to dishonest or negligent attitude to the service; 2) consequences in the form of: - major damage (part 1) - damage, the amount of which exceeds one hundred thousand rubles; - infliction of grievous bodily harm or death of a person (Part 2); - death of two or more persons (part 3); 3) causation. A crime can be committed either by action or by inaction. Inaction represents a failure by an official to fulfill the official functions assigned to him, the failure to take measures that he, in accordance with the scope of rights and obligations, should have taken. Action in case of negligence, it consists in the improper performance by the guilty person of his official functions (in bad faith, negligently, somehow). At the same time, the behavior of a person may combine non-performance and improper performance of duties. Both can be expressed both in a one-time, single action (inaction) of the perpetrator, and be in the nature of systematically or repeatedly repeating the above acts of criminal behavior of a person. To bring to criminal liability under this article, it is necessary to establish the range and nature of the official rights and duties of an official, the regulations governing them, the motive, purpose and actual circumstances of the act committed, the existence of a causal relationship between the violation (non-fulfillment) by the official of his duties and the resulting harmful consequences. In negligence cases, it should also be checked whether the defendant had a realistic opportunity to fulfill these duties. Since an obligatory element of the objective side of negligence is the infliction of significant harm to state or public interests or the rights and interests of citizens protected by law, it is necessary to clarify and indicate in the verdict the nature of the harm caused, as well as the existence of a causal relationship between it and the actions (inaction) of the defendant. The courts need to keep in mind that harm can be expressed in causing not only material, but also other harm: in violation of the constitutional rights and freedoms of citizens, undermining the authority of government bodies, state and public organizations, creating interference and disruption in their work, violating public order , concealment of major theft, other serious crimes, etc. The subjective side characterized by carelessness. If the attitude of an official to non-performance or improper performance of his duties is characterized by bad faith, then in this case the attitude of the specified person to the consequences of the act is expressed in the form frivolity. If the attitude of an official to non-performance or improper performance of his duties is characterized by negligence, then his attitude to the consequences of a crime can be expressed only in the form negligence. Subject - executive. 72. OBSTRUCTION OF JUSTICE AND PRELIMINARY INVESTIGATION The direct object of the crime is public relations in the field of justice. The objective side is to interfere in any form in the activities of the court. Under interference one should understand the various ways of influencing judges, jurors or people's assessors in order to achieve an unjust verdict, decision or determination, to prevent the court from objectively, fully and comprehensively considering the case. The impact can also be provided through third parties - relatives, acquaintances, colleagues, etc. Intervention can be carried out by threats, requests, persuasion, advice, promises to provide services, etc., and can be expressed orally, in writing. Written appeals or petitions of citizens or officials, defenders of suspects, accused, defendants to dismiss the case or impose a punishment not related to deprivation of liberty, etc., cannot be considered as interference in the activities of the court, since the treatment provided for by law with petitions, complaints, appeals are lawful ways of behavior of participants in the process. Interference in the administration of justice will be criminal only if it concerns a specific court case or a number of cases, including a certain category. Critical remarks about the general line of criminal policy, advice and wishes of a general nature (including those expressed in the press) cannot be considered obstruction of the administration of justice. By design, the crime has a formal composition and is considered completed from the moment the intervention is carried out, regardless of whether the perpetrator achieves the desired result. Mandatory features of the subjective side there must be direct intent and the presence of the purpose of obstructing the administration of justice. Subject of the crime - general. Part 2 Art. 294 of the Criminal Code of the Russian Federation establishes liability for interference in any form in the activities of the prosecutor, investigator or person conducting the inquiry. According to Art. 5 Code of Criminal Procedure of the Russian Federation: - interrogator - an official of the body of inquiry, authorized or authorized by the head of the body of inquiry to carry out a preliminary investigation in the form of an inquiry, as well as other powers provided for by the Code of Criminal Procedure of the Russian Federation; - prosecutor - the Prosecutor General of the Russian Federation and prosecutors subordinate to him, their deputies and other officials of the prosecutor's office participating in criminal proceedings and endowed with appropriate powers by the Federal Law on the Prosecutor's Office; - investigator - an official authorized to carry out a preliminary investigation in a criminal case, as well as other powers provided for by the Code of Criminal Procedure of the Russian Federation. The subjective side characterized by the direct intent and purpose of obstructing a comprehensive, complete and objective investigation of the case. Subject of the crime - general. Qualifying sign of a crime - interference in the activities of the court, prosecutor, investigator or person conducting an inquiry, committed by a person using his official position. 73. ATTEMPT ON THE LIFE OF A PERSON DOING JUSTICE OR PRELIMINARY INVESTIGATION. ATTEMPT ON THE LIFE OF A LAW ENFORCEMENT OFFICER Encroachment on the life of a person administering justice or preliminary investigation (Article 295 of the Criminal Code of the Russian Federation) The main object of the crime are public relations in the field of justice, and additional - the life of the person administering justice or preliminary investigation. Victims of a crime may be a judge, juror or other person involved in the administration of justice, a prosecutor, an investigator, a person conducting an inquiry, a defender, an expert, a specialist, a bailiff, a bailiff, as well as their relatives. The objective side is an encroachment on the lives of these persons, provided that such an encroachment is connected with the consideration of cases or materials in court, the conduct of a preliminary investigation, or the execution of a sentence, court decision or other judicial act. under assault life is understood as murder or attempted murder. By design, the crime is truncated - it is considered completed from the moment of committing actions aimed at depriving the victim of life. The murder of these persons is committed both with direct and indirect intent, and the attempted murder of them is only with direct intent. In addition, an obligatory element of the subjective side of the crime should be goal - obstruction of the legitimate activities of the named persons or the motive of revenge for such activities. Subject of the crime - general. Encroachment on the life of a law enforcement officer (Article 317 of the Criminal Code of the Russian Federation) main object crime is the normal activity of law enforcement agencies and military personnel to protect public order and ensure public safety, additional - the life of a law enforcement officer, a military man. under law enforcement is understood as a state body whose special function is to counteract offenses and ensure the rule of law. To the military include persons serving on conscription or under contract in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation, as well as citizens who are in the reserve during their military training. The objective side consists in an encroachment on the life of a law enforcement officer, a military man or their relatives. under assault refers to the murder or attempted murder of these persons. The crime is considered completed since the assassination attempt. According to the construction of the objective side, the elements of the crime are truncated. The subjective side characterized by direct or indirect intent in the murder of these persons or direct intent when attempting to kill them, and purpose - obstruction of the lawful activities of these persons to protect public order and ensure public safety, or motive - revenge for such activities. Responsibility for a crime comes under the condition that the perpetrator was aware that he was committing an encroachment on the life of a law enforcement officer or military serviceman. 74. CONTEMPORARY COURT. SLAMING AGAINST JUDGE, JURER, PROSECUTOR, INVESTIGATOR, INTERESTING PERSON, BAILIFF, JUDICIAL OFFICER Contempt of court (Article 297 of the Criminal Code of the Russian Federation) The main object of the crime - public relations in the field of justice, additional - honor and dignity of the participants in the trial, judge, juror or other person involved in the administration of justice. Participants in legal proceedings, depending on the type of legal proceedings, may be: - parties, third parties, the prosecutor, persons applying to the court for the protection of the rights, freedoms and legitimate interests of other persons or entering the process in order to give an opinion, applicants and other interested persons in cases of special proceedings and in cases arising from public legal relations, translator, secretary of the court session, witnesses, etc. - in civil proceedings; - parties, applicants and interested persons - in cases of special proceedings, insolvency (bankruptcy) cases and in other cases provided for by the Arbitration Procedure Code of the Russian Federation, third parties, the prosecutor, state bodies, local governments and other bodies that applied to the arbitration court in cases provided for by the Arbitration Procedure Code of the Russian Federation, an assistant judge, etc. - in the arbitration process; - prosecutor, investigator, investigator, private prosecutor, defense counsel, victim, defendant, representatives of the victim, private prosecutor, civil plaintiff, civil defendant, witness, expert, translator, specialist, etc. - in criminal proceedings. The objective side is contempt of court, expressed as: - in insulting the participants in the trial (part 1); - in insulting a judge, juror or other person involved in the administration of justice (part 2). Insult - this is a humiliation of the honor and dignity of another person, expressed in an indecent form. It can be both oral and in writing, as well as in the form of action. The subjective side - direct intent. Subject of the crime - general. Slander against a judge, juror, prosecutor, investigator, person conducting an inquiry, bailiff, bailiff (Article 298 of the Criminal Code of the Russian Federation) The main object of the crime - public relations in the field of justice, additional - the honor and dignity of a judge, juror or other person involved in the administration of justice, a prosecutor, an investigator, a person conducting an inquiry, a bailiff, a bailiff. The objective side is slander in relation to: a judge, juror or other person involved in the administration of justice (part 1); prosecutor, investigator, person conducting the inquiry, bailiff, bailiff (part 2). Slander - this is the dissemination of deliberately false information that discredits the honor and dignity of another person or undermines his reputation. Criminal liability for defamation in relation to these persons occurs provided that it is carried out: - in connection with the consideration of cases or materials in court (part 1); - in connection with the production of a preliminary investigation or the execution of a sentence, court decision or other judicial act (part 2). The subjective side - direct intent. Subject of the crime - general. 75. BRINGING CRIMINAL RESPONSIBILITY TO A KNOWING INNOCENT. ILLEGAL EXEMPTION FROM CRIMINAL LIABILITY Bringing a knowingly innocent person to criminal responsibility (Article 299 of the Criminal Code of the Russian Federation) The main object of the crime - public relations in the field of justice, additional - the rights and freedoms of the victim. The objective side consists in bringing a knowingly innocent person to criminal liability. Known to be innocent there may be a person in whose act there is no corpus delicti or in relation to this person there are no reasons and grounds for initiating a criminal case. Knowingness means that the person carrying out criminal prosecution is aware of the illegality of his actions. Does not form an objective side illegal prosecution of a person who committed a crime, but due to various reasons not subject to liability (expiration of the statute of limitations, amnesty, etc.). This crime, in the presence of the necessary signs, can be qualified as an official crime (Article 285 of the Criminal Code of the Russian Federation). When a person is held liable as a result of a mistake, an incorrect assessment of the evidence collected in the case, or a conscientious misconception about the reliability of the materials collected, qualification under Art. 299 of the Criminal Code of the Russian Federation is excluded. Under certain conditions, these actions constitute a crime under Art. 285 of the Criminal Code of the Russian Federation. Structure of the crime by design formal, and it should be considered completed from the moment the official decides to bring him as an accused. The subjective side - direct intent. Subject of the crime - special - investigator, interrogating officer, prosecutor. qualifying sign A crime is the bringing of a knowingly innocent person to criminal liability, combined with the accusation of a person of committing a grave or especially grave crime. Illegal exemption from criminal liability (Article 300 of the Criminal Code of the Russian Federation) Object of crime - the procedure for exemption from criminal liability. The objective side expressed in unlawful exemption from criminal liability. Under illegal exemption from criminal liability refers to the release of a suspect or accused in the absence of grounds for his release provided for by law. The possibility of unlawful release is established only in relation to a suspect or accused of a crime. Suspect is a person against whom a criminal case has been initiated, or who has been detained in accordance with Art. 91 and 92 of the Code of Criminal Procedure of the Russian Federation, or to which a preventive measure was applied before charges were brought in accordance with Art. 100 Code of Criminal Procedure of the Russian Federation. The accused a person is recognized in respect of whom a decision was made to bring him or her as an accused or an indictment. By design the composition is formal and is considered completed from the moment of committing actions aimed at unlawful exemption from criminal liability - the issuance of an unlawful decision to refuse to initiate a criminal case or terminate a criminal case. The subjective side - direct intent. Subject of the crime - special - a prosecutor, investigator or a person conducting an inquiry. 76. PROVOCATION OF A BRIBE OR COMMERCIAL BRIBERY Object of crime - the procedure for collecting and using evidence. The objective side consists in the provocation of a bribe or commercial bribery, which is understood as an attempt to transfer to an official or a person performing managerial functions in commercial or other organizations, without his consent, money, securities, other property or to provide him with services of a property nature. The structure of the disposition Art. 304 of the Criminal Code of the Russian Federation is an attempt to bribe an official or an attempt to bribe a person performing managerial functions in commercial or other organizations. Distinguishing feature of provocation from bribery and commercial bribery is that valuables or services of a property nature are transferred to an official or a person performing managerial functions in commercial or other organizations, without his consent to receive this remuneration. Lack of consent means that the official or person performing managerial functions has not in any form (neither openly nor covertly) declared an intention to receive a bribe or succumb to commercial bribery. The crime is over from the moment of an attempt to transfer money or other material values or an attempt to provide services of a property nature. When deciding whether there is a corpus delicti of this crime, it is necessary to check whether there was a preliminary agreement with an official or a person performing managerial functions in commercial or other organizations on consent to accept the subject of a bribe or commercial bribery. In the absence of such an agreement and refusal to accept the subject of a bribe or bribery, a person who tried to hand over the named item in order to artificially create evidence of a crime or blackmail is subject to liability under Art. 304 Criminal Code of the Russian Federation. Is not a provocation of a bribe or commercial bribery carrying out operational-search measures provided for by law in connection with the verification of an application for extortion of a bribe or property reward in case of commercial bribery. The subjective side characterized by direct intent and goals - artificial creation of evidence of a crime or blackmail. Under the artificial creation of evidence refers to the deliberate formation of factual data for use as incriminating evidence of the commission of crimes under Art. 290 or 204 of the Criminal Code of the Russian Federation. under blackmail is understood as the creation of a favorable environment for oneself, allowing one to threaten the victim with the exposure of receiving a bribe or commercial bribery, in order to obtain the desired result. By the subject provocation of a bribe or commercial bribery can be any person acting with direct intent to artificially create evidence of a crime or blackmail. If the provocation of a bribe or commercial bribery is committed by an official using his official position, his deed should be additionally qualified under Art. 285 of the Criminal Code of the Russian Federation. 77. KNOWINGLY UNJUDICIAL SENTENCE, DECISION OR OTHER JUDICIAL ACT main object crimes are public relations in the field of justice, additional - the rights and freedoms of the individual, the legitimate interests of individuals and legal entities. The subject of the crime may be: - sentence - a decision on the innocence or guilt of the defendant and the imposition of punishment on him or on his release from punishment, issued by the court of first instance or appeal; - decision - decision of the court of first instance, by which the case is resolved on the merits; - other judicial act - judicial decisions and rulings, except for the decision and sentence. The objective side consists in issuing a knowingly unjust sentence, decision or other judicial act. A verdict, decision or other judicial act will be obviously unjust if they are issued with a clear violation of the law on the procedure for their adoption, on the procedure for assessing evidence, in violation of the principles of justice. under rendering one should understand the decision of the procedural acts indicated in the disposition of the article by the judges (judge). The crime is considered completed from the moment of issuing a knowingly unjust judicial act and signing it by a judge (judges), regardless of whether it entered into legal force and was proclaimed (formal composition). The subjective side - direct intent. The guilty person is aware that he is passing a deliberately unjust judicial act, foresees and desires the occurrence of such a result. The motives of the crime can be self-interest, revenge, etc. Subject of the crime - judges of courts of general jurisdiction, arbitration courts, the Constitutional Court of the Russian Federation, arbitration assessor. Only those judges who were directly involved in the issuance of an unjust judicial act will be liable. Part 2 Art. 305 of the Criminal Code of the Russian Federation establishes liability for the issuance by a judge (judges) of a knowingly illegal court sentence to imprisonment or other grave consequences. The issuance of a knowingly illegal court sentence to deprivation of liberty is a conviction to deprivation of liberty for a fixed term or life, as well as a conditional deprivation of liberty. To qualify, the very fact of unreasonable sentencing in the form of deprivation of liberty by a knowingly unlawful sentence is sufficient. Other grave consequences resulting from the issuance of a knowingly unjust sentence include: serious illness, suicide, the acquittal of a dangerous criminal, the illegal conviction of several persons, the imposition of the death penalty, etc. Can not be the actions of a judge (judges) are qualified under this article, if an unjust sentence, decision, ruling, decision was made as a result of an error in assessing the evidence collected in the case, which affected the conclusions about the guilt or innocence of the defendant, qualification of his actions (inaction) and punishment, on the satisfaction of the claim or the refusal of it, etc. In this case, the person may be subject to disciplinary liability or under Art. 293 of the Criminal Code of the Russian Federation. 78. WISHED TO BE FALSE, EXPERT, SPECIALIST, OR MISTRANSLATION The object of the crime are public relations in the field of justice. The objective side is to give in court or in the course of a preliminary investigation knowingly false: - witness testimony - information containing false or distorted information about any circumstances related to the criminal case, including the identity of the accused, the victim and their relationship with them and other witnesses; - victim's testimony - information provided by him during an interrogation conducted in the course of pre-trial proceedings in a criminal case or in court, containing false information about the event of the crime (time, place, method and other circumstances of the commission of the crime), about the nature and amount of harm caused by the crime, about the relationship with the suspect, the accused, etc.; - expert opinion - the content of the study and conclusions presented in writing on the issues posed to the expert by the person conducting the proceedings on the criminal case, or by the parties, which are untrue in nature; - expert testimony - information provided by him during the interrogation conducted after receiving his conclusion, in order to clarify or clarify this conclusion, which does not correspond to the conclusions obtained in the course of the study; - expert testimony - information provided by him during the interrogation about the circumstances requiring special knowledge, as well as clarification of his opinion, which do not correspond to the judgments on the issues posed to the specialist by the parties; - obviously wrong translation. Knowingly false testimony of a witness, victim, expert, specialist - intentional distortion, perversion of data, silence about the essential circumstances constituting the subject of proof. Knowingly false expert opinion - an incorrect assessment of the facts or a conclusion that does not correspond to reality, not based on the materials of the case. Knowingly wrong translation - distortion, perversion, misinterpretation of the meaning of the translated materials of the case or documents. The statement by the witness or the victim of various versions, proposals in the course of investigative actions does not form the corpus delicti of the analyzed crime. Structure of the crime by design - formal. Giving false testimony at the preliminary investigation is considered completed from the moment the protocol on the performance of any investigative action is signed, and during the trial - from the moment the interrogation is completed. The subjective side - direct intent. Subject of the crime - special - a witness, victim, expert, specialist or translator. Part 2 Art. 307 of the Criminal Code of the Russian Federation provides for liability for the same acts, combined with accusing a person of committing a grave or especially grave crime. A witness, victim, expert, specialist or translator shall be exempted from criminal liability, if they voluntarily, in the course of an inquiry, preliminary investigation or trial, before a court verdict or a court decision, declared the falsity of their testimony, conclusion or deliberately incorrect translation. 79. BRIBERY OR CORRECTED TESTIMONY OR EVOIDANCE OF TESTIMONY OR MISTRANSLATION direct object crimes are public relations in the field of justice. Additional Immediate Object - honor, dignity, health, other rights and legitimate interests of the individual. The objective side of the crime under Part 1 of Art. 309 of the Criminal Code of the Russian Federation, is: - in bribing a witness, victim, specialist in order to give false testimony; - in bribing an expert in order to give them a false conclusion or false testimony; - bribing an interpreter in order to make an incorrect translation. Bribe - material remuneration or other benefits of a property nature, which are transferred to the named persons in order to fail to fulfill their duties during the preliminary investigation or legal proceedings. The crime is considered completed from the moment of providing material benefits to a witness, victim, expert, specialist or translator for giving false testimony, conclusions, making an incorrect translation. The objective side of the crime defined in Part 2 of Art. 309 of the Criminal Code of the Russian Federation, is expressed: - in compelling a witness, a victim to give false testimony, an expert, a specialist to give a false opinion or an interpreter to make an incorrect translation; - in coercion of these persons to evade testifying, combined with blackmail, threat of murder, infliction of harm to health, destruction or damage to the property of these persons or their relatives. Coercion is carried out by blackmail, threat of murder, infliction of harm to health, destruction or damage to the property of these persons or their relatives. Coercion to give false testimony is formulated as a crime that has a formal structure, and is recognized as completed from the moment a threat is made or other actions are taken to confirm it. The subjective side characterized by direct intent and goals - Giving false evidence, false conclusion, incorrect translation or evasion from giving evidence. Subject of the crime - general. The qualifying features are: - coercion of a witness, a victim to give false testimony, an expert, a specialist to give a false opinion or an interpreter to make an incorrect translation, as well as coercion of these persons to evade testifying, committed with the use of violence not dangerous to the life or health of these persons; - bribery of a witness, a victim, a specialist in order to give false testimony or an expert in order to give them a false conclusion or false testimony, as well as an interpreter in order to make an incorrect translation, committed by an organized group or with the use of violence dangerous to the life or health of these persons ; - coercion of a witness, a victim to give false testimony, an expert, a specialist to give a false opinion or an interpreter to make an incorrect translation, as well as coercion of these persons to evade testifying, committed by an organized group or with the use of violence dangerous to the life or health of these persons. 80. ESCAPE FROM A PLACE OF DISCLAIMER, ARREST OR DETENTION. EVOIDING LIFE Escape from a place of deprivation of liberty, from arrest or from custody (Article 313 of the Criminal Code of the Russian Federation) Object of crime - the normal activity of institutions and bodies that execute punishment in the form of deprivation of liberty or ensure detention in custody, under arrest. The objective side consists in escaping from a place of deprivation of liberty, from arrest or from custody. Places of detention - settlement colonies, correctional colonies of general, strict and special regimes, educational colonies for minors, prisons, medical correctional institutions. Pre-trial detention centers perform the functions of correctional institutions in relation to convicts left to perform housekeeping work. Locations under arrest - pre-trial detention centers, temporary detention centers, arrest houses, guardhouses. To places of detention include pre-trial detention centers of the penitentiary system, temporary detention facilities for suspects and accused persons of internal affairs bodies. Escape - unauthorized abandonment of an institution where a person is serving a sentence of deprivation of liberty, or is under arrest, or is being held in custody, as well as from under escort. Unauthorized leaving the place of deprivation of liberty, the interior of the car during the transportation of the defendant from the pre-trial detention center to the court, the premises of the court, etc. without appropriate permission is recognized. At the same time, a person should not have legal grounds for leaving the place of detention without permission. Escape is a continuing crime and is considered completed only after the arrest of the person who made the escape, or his voluntary return to places of deprivation of liberty, a pre-trial detention center, or appeal to law enforcement agencies. The subjective side - direct intent. Subject of the crime - special - a person who is serving a sentence or is in pre-trial detention. Qualifying and especially qualifying features are: 1) an escape from a place of deprivation of liberty, from arrest or from custody, committed by a group of persons by prior agreement or by an organized group. To impute the analyzed qualifying feature, the following features must be present: - members of the group should be only persons serving sentences or being in pre-trial detention; - the formation of the intent to escape (preliminary conspiracy) must arise before the start of the implementation of the objective side. cannot be qualified as an escape committed by prior agreement, the actions of persons who took advantage of the circumstances of the escape of the perpetrators; 2) escape from a place of deprivation of liberty, from arrest or from custody, committed with the use of violence dangerous to life or health, or with the threat of such violence, as well as with the use of weapons or objects used as weapons. A sign with the use of violence dangerous to life or health, or the threat of such violence, covers physical and mental violence, implemented both immediately before the escape and in the process of its commission. 81. DISORGANIZATION OF THE NORMAL ACTIVITIES OF INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY Main object - public relations that regulate the normal operation of the penitentiary system. Additional object - life and health of employees of institutions providing isolation from society, or convicts. Victims of a crime can be: - convict (part 1,3 of article 321 of the Criminal Code of the Russian Federation) - a person against whom a guilty verdict has been issued; - employees of a place of deprivation of liberty or a place of detention (parts 2, 3 of article 321 of the Criminal Code of the Russian Federation) - persons with special ranks of employees of the penitentiary system; - relatives of an employee of a place of deprivation of liberty or a place of detention. The objective side consists in the use of violence that is not dangerous to the life or health of the convict (Part 1) or an employee of the place of deprivation of liberty or place of detention (Part 2), or in the threat of violence. Under violence not dangerous to life or health, beatings or other acts of violence connected with inflicting physical pain on the victim or restricting his freedom (tying hands, using handcuffs, leaving him in a closed room, etc.) are understood. Responsibility for the use of violence against an employee of a place of deprivation of liberty or a place of detention or his relatives will come on the condition that it is used in connection with the performance of his official duties. Do not form composition crimes - the actions of the perpetrator, caused by personal hostile relations with the victim, not related to his legal activities or provoked by his misconduct. Places of detention are: - pre-trial detention centers of the penitentiary system of the Ministry of Justice of the Russian Federation; - pre-trial detention centers of the Federal Security Service of the Russian Federation; - temporary detention facilities for suspects and accused persons of internal affairs bodies; - institutions of the penitentiary system of the Ministry of Justice of the Russian Federation that carry out criminal punishment in the form of deprivation of liberty; - guardhouses. The crime is considered completed at the time of uttering the threat, regardless of the onset of harmful consequences in the form of disruption of the normal activities of the penitentiary system or causing harm to the health of the convict. The subjective side characterized by direct intent, and when using violence against the convict, by the presence goals - prevent the correction of the convict or motive revenge for their assistance to the administration of the institution or body of the penitentiary system. The threat of violence against an employee of a place of deprivation of liberty or a place of detention in connection with their lawful activities constitutes a crime independently from the presence of a special goal - to disorganize the normal activities of these institutions. The subject of the crime provided h. 1 Article. 321 of the Criminal Code of the Russian Federation, - special - convicts or persons in places of detention, under Part 2 of Art. 32 of the Criminal Code of the Russian Federation - general. Qualifying sign of crimes is the commission of an act by an organized group or with the use of violence dangerous to life or health. 82. ILLEGAL CROSSING AND ILLEGAL CHANGE OF THE STATE BORDER OF THE RUSSIAN FEDERATION Illegal crossing of the State border of the Russian Federation (Article 322 of the Criminal Code of the Russian Federation) Object of crime - the established procedure for crossing the State Border of the Russian Federation. State border of the Russian Federation there is a line and a vertical surface passing along this line, defining the limits of the state territory (land, water, subsoil and airspace) of the Russian Federation, i.e. the spatial limit of the state sovereignty of the Russian Federation. The objective side - illegal crossing of the State Border of the Russian Federation, which can be carried out by one of alternative ways: - without valid documents for the right to enter the Russian Federation or leave the Russian Federation; - without proper permission obtained in the manner prescribed by the legislation of the Russian Federation. The main documents certifying the identity of a citizen of the Russian Federation, according to which citizens of the Russian Federation carry out the exit from the Russian Federation and entry into the Russian Federation, are recognized: - the passport; - diplomatic passport; - service passport; - seafarer's passport (sailor's identity card). The subjective side - direct intent. Subject of the crime - general. qualifying sign - illegal crossing of the State Border by a group of persons by prior agreement, by an organized group, with the use of violence or with the threat of its use. This article does not apply to cases of foreign citizens and stateless persons arriving in the Russian Federation in violation of the rules for crossing the State Border of the Russian Federation in order to exercise the right of political asylum in accordance with the Constitution of the Russian Federation, unless the actions of these persons contain a different corpus delicti. The Russian Federation grants political asylum to persons seeking asylum and protection from persecution or a real threat of becoming a victim of persecution in the country of their citizenship or in the country of their usual residence for public and political activities and beliefs that do not contradict democratic principles recognized by the world community, the norms of the international rights. At the same time, it is taken into account that the persecution is directed directly against the person who applied for political asylum. Illegal change of the State border of the Russian Federation (Article 323 of the Criminal Code of the Russian Federation) Object of crime - the established procedure for changing the state border of the Russian Federation. The subject of the crime are boundary markers. border sign - this is a clearly visible object for marking the State Border on the ground. The objective side is: - in the removal of border markers - removal from the place of installation on the line of the State Border; - in the movement of boundary markers - unauthorized change of the location of the border sign, placing it outside the line of the State Border; - in the destruction of border signs - complete elimination of the boundary marker. The subjective side characterized by direct intent and the presence of a goal - an illegal change of the State Border. A qualifying sign is the removal, relocation or destruction of boundary markers for the purpose of unlawfully changing the State Border, if this entailed grave consequences (material and non-material damage). 83. THEFT OR DAMAGE OF DOCUMENTS, STAMPS, SEALS. FORGERY, MANUFACTURING OR SALES OF FORGED DOCUMENTS, STATE AWARDS, STAMPS, SEALS, FORMS Theft or damage to documents, stamps, seals or theft of excise stamps, special stamps or marks of conformity (Article 325 of the Criminal Code of the Russian Federation) Object of crime - normal activities of public authorities and local governments to ensure the procedure for handling official documents, stamps, seals, excise duty stamps, special stamps or conformity marks. The subject of the crime may be: - official documents; - stamp - a special type of printing form used to produce an imprint on documents containing information about the full name of the legal entity, its address, the date the document was sent; - printing - a device containing a relief or in-depth image of a text (text and drawing) with the full name of a legal or natural person, which is used to produce an impression on paper, sealing wax, plasticine and other materials; - stamps of excise tax, special stamps, signs of conformity, protected from counterfeiting; - passport - it is the main document proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation; - other important personal document - military identity card, military ID, birth certificate, insurance card, driver's license, diploma of education, service certificate, etc. The objective side of the crime under Part 1 of Art. 325 of the Criminal Code of the Russian Federation, is: - stealing official documents, stamps or seals; - in the destruction of official documents, stamps or seals - bringing them into complete disrepair; - damage to official documents, stamps or seals - bringing them into disrepair, making it impossible to use them for their intended purpose; - concealment of official documents, stamps or seals - their concealment without their seizure and abduction. The subjective side characterized by direct intent and the presence of selfish or other personal interest. Subject of the crime - general. Forgery, production or sale of forged documents, state awards, stamps, seals, letterheads (Article 327 of the Criminal Code of the Russian Federation) Object of crime - the normal activity of public authorities and local governments to ensure the procedure for handling official documents, stamps, seals, state awards of the Russian Federation, the RSFSR, the USSR. The objective side of the crime is expressed: - in the forgery of a certificate or other official document that grants rights or exempts from obligations - the complete production of a document or the introduction of corrections into it by erasures, amendments, etc .; - in the sale of such a document; - in the production of state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, letterheads; - in the sale of fake state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, letterheads. Mandatory elements of the subjective side are direct intent and the presence of a goal - the use or sale of forged documents, state awards, stamps, seals, forms (part 1) or to hide another crime or facilitate its commission (part 2). 84. EVOIDING MILITARY AND ALTERNATIVE CIVIL SERVICE Object of crime - the established procedure for conscription for military service or alternative civilian service. The objective side composed: 1) evading conscription for military service in the absence of legal grounds for exemption from this service. Military service - a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the civil defense troops, engineering and technical and road construction military formations under the federal executive authorities, the Foreign Intelligence Service of the Russian Federation, bodies Federal Security Service, the federal body for special communications and information, the federal state security bodies, the federal body for providing mobilization training of state authorities of the Russian Federation, military units of the Federal Fire Service and special formations created for wartime, as well as foreign citizens in the Armed Forces of the Russian Federation, other troops , military formations and bodies. Subject to conscription for military service: - male citizens aged 18 to 27 who are or are required to be registered with the military and who are not in the reserve; - male citizens aged 18 to 27 years who graduated from state, municipal or state accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) and enrolled in the reserve with the assignment of the military rank of officer. evasion from conscription for military service is the non-appearance of the conscript on the agenda for a medical examination and a meeting of the conscription commission or to the military commissariat for sending to the place of military service and being in the military commissariat before being sent to the place of military service; 2) in evading alternative civilian service of persons released from military service. Alternative civilian service - a special type of labor activity in the interests of society and the state, carried out by citizens in return for conscription military service. Male citizens aged 18 to 27 who are not in the reserve are sent to alternative civilian service, who have the right to replace conscription military service with alternative civilian service, have personally submitted an application to the military commissariat about the desire to replace conscription military service with alternative civilian service and in respect of which the draft commission of the military commissariat made an appropriate decision. Evasion from alternative civilian service of persons exempted from military service consists in the failure of a citizen sent to alternative civilian service to the military commissariat within the time period specified in the agenda of the military commissariat, and failure to receive an order against receipt for departure to the place of alternative civilian service. The subjective side - direct intent. Subject of the crime - special - persons subject to conscription for military service. 85. AUTHORITY Main object - public relations that ensure the legally established procedure for the exercise by citizens and legal entities of their rights and obligations. Additional object - the life and health of a citizen. Subject crime is optional, it can be a thing, property that is the object of the dispute. Victims there may be individuals and legal entities that have suffered significant harm. The objective side characterized by the commission of actions expressed in unauthorized, contrary to the procedure established by law or other regulatory act, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm. For the presence of corpus delicti, the following signs are required: - unauthorized commission of any actions; - challenging the legitimacy of these actions by another citizen or legal entities; - Causing significant harm by these actions. Unauthorized actions means the implementation of the procedure for exercising one's rights in violation of the procedure established by law or other regulatory legal act. The signs of composition include the commission of arbitrary actions by a person if he has: - legal right, if it violates the established procedure for its implementation; - a supposed right that in reality does not belong to him, but he mistakenly believes that he has it. There is no crime if: - rights and obligations are exercised arbitrarily, but their legitimacy is not disputed by third parties; - the actions of the person are disputed, but the implementation of rights and obligations is carried out in accordance with regulatory legal acts. Legality challenge represents a disagreement, an objection, expressed in any form by a citizen or organization, about the violation of one's own or someone else's real or alleged right, caused by self-governed actions of a person. Mandatory sign arbitrariness is causing significant harm to organizations or citizens. Recognition of harm as significant depends from the assessment of the significance of damage by the injured individual or legal entity, from their actual property status or financial condition. Significant harm can be expressed in causing material, property, financial damage, violation of constitutional rights and freedoms, etc. Composition by design material. There must be a causal relationship between unauthorized actions and causing significant harm. The subjective side characterized by an intentional form of guilt. Subject of the crime - a person who has reached the age of 16 years. Part 2 Art. 330 of the Criminal Code of the Russian Federation provides qualifying feature - the use of violence or the threat of its use. Violence by its nature can be both dangerous and not dangerous to the life and health of the victim. Under the use of violence infliction of harm of any degree of severity, with the exception of causing grievous bodily harm or death to the victim. Arbitrariness associated with the threat of murder or infliction of grievous bodily harm to the victim, infliction of beatings, light bodily harm and harm of moderate severity, is fully covered by Art. 330 of the Criminal Code of the Russian Federation and additional qualifications under Art. 112, 115, 116, 119 is not required. 86. CONCEPT AND TYPES OF CRIMES AGAINST MILITARY SERVICE. THE SUBJECT OF THESE CRIMES. ORDER FAILURE Crimes against military service the crimes provided for by this Chapter against the established procedure for military service, committed by military personnel undergoing military service by conscription or under a contract in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation, as well as by citizens who are in reserve, during the passage of military fees. Types of crimes against military service depending on the specific object: - against the order of subordination and military statutory relationships (Articles 332-336 of the Criminal Code of the Russian Federation); - against the order of stay in military service (Art. 337-339 of the Criminal Code of the Russian Federation); - against the procedure for carrying out special (security) types of military service (Articles 340-345 of the Criminal Code of the Russian Federation); - against the procedure for saving military property (Articles 346-348 of the Criminal Code of the Russian Federation); - against the procedure for the operation of military equipment (Articles 349-352 of the Criminal Code of the Russian Federation). Subjects of crimes against military service may be military personnel undergoing military service under a contract or military service by conscription. The military includes: - officers, ensigns and midshipmen, cadets of military educational institutions of vocational education, sergeants and foremen, soldiers and sailors undergoing military service under a contract; - officers called up for military service in accordance with the decree of the President of the Russian Federation; - sergeants, foremen, soldiers and sailors who are conscripted for military service, cadets of military educational institutions of vocational education before concluding a contract with them. In addition, in accordance with the articles of Ch. 33 of the Criminal Code of the Russian Federation, military builders of military construction detachments (units) of the Ministry of Defense of the Russian Federation, other ministries and departments of the Russian Federation are liable. Failure to comply with an order (Article 332 of the Criminal Code of the Russian Federation) Object of crime - the order of subordination and military statutory relationships. The objective side is in failure to comply with the order of the chief, given in the prescribed manner, provided that the failure caused significant harm to the interests of the service (undermining military discipline in the unit, disrupting the assignment in the service, damaging or destroying property, etc.). Non-performance may be in an open refusal to execute an order given, or in the passive behavior of a serviceman if he has a real opportunity to execute an order. Order - the order of the commander (chief), addressed to subordinates and requiring the obligatory performance of certain actions, compliance with certain rules, or establishing some kind of order, position. The order may be given in writing, orally or by technical means of communication to one or a group of servicemen. The subjective side characterized by intent. Subject of the crime - military personnel subordinate to the person giving the order. The qualifying mark is: - non-execution of an order by a group of persons, a group of persons by prior agreement or an organized group, or entailed grave consequences (part 2); - non-execution of an order due to a negligent or dishonest attitude to the service, which entailed grave consequences (part 3). 87. RESISTANCE TO THE CHIEF OR FORCING HIM TO VIOLATE THE DUTIES OF MILITARY SERVICE. VIOLENT ACTIONS AGAINST THE HEAD Resistance to the chief or forcing him to violate the duties of military service (Article 333 of the Criminal Code of the Russian Federation) Object of crime - the order of subordination and military statutory relationships. The objective side combines: - resistance to the chief or other person performing the duties of military service assigned to him, - open physical or mental opposition, associated with violence or the threat of its use, to the performance by the chief, as well as by another person performing the duties of military service assigned to him, of his duties; - forcing him to violate these duties - any actions involving violence or the threat of its use, aimed at forcing the chief, as well as another person performing the duties of military service assigned to him, against his will, to violate his duties in the service. Violence is understood as violence that is dangerous to life or health, and not dangerous to life or health. The subjective side - direct intent. Subject of the crime - any serviceman who is in a relationship of subordination with his superior. Qualifying signs - commission of an act: - by a group of persons, a group of persons by prior agreement or an organized group; - with the use of weapons; - with the infliction of severe or moderate bodily harm or other grave consequences. Violent actions against the boss (Article 334 of the Criminal Code of the Russian Federation) The main object of the crime - the order of subordination and military statutory relationships, additional - Chief's health. The objective side is inflicting beatings or other violence against the chief, committed during the performance of his duties of military service or in connection with the performance of these duties. The beatings are characterized multiple strikes. Other violence is expressed in the infliction of slight harm to health, other violent acts associated with the infliction of physical pain or restriction of freedom. A serviceman, as well as a citizen undergoing military training, are considered to be acting military service in the following cases: participation in hostilities, performance of tasks in a state of emergency and martial law, as well as in armed conflicts; performance of official duties; carrying out combat duty, combat service, service in the garrison attire, performance of duties as part of the daily attire; participation in exercises or cruises of ships; execution of an order or order given by the commander (chief); being on the territory of a military unit during the working hours established by the daily routine or at other times, if this is due to official necessity; being on treatment, following to the place of treatment and back; following to the place of military service and back; passing military training; commission of other actions recognized by the court as committed in the interests of the individual, society and the state, etc. The subjective side - direct intent. Subject of the crime - any serviceman who is in a relationship of subordination with his superior. 88. VIOLATION OF THE STATUTORY RULES OF RELATIONS BETWEEN MILITARY SERVICEMEN IN THE ABSENCE OF SUBJECT RELATIONS BETWEEN THEM The main object of the crime - the established order of relations between military personnel. The objective side consists in violation of the statutory rules of relations between military personnel in the absence of subordination relations between them, which is carried out by humiliation of honor and dignity or mockery of the victim, or is accompanied by violence. Humiliation of the honor and dignity of the individual serviceman is expressed in a negative assessment of the physical and intellectual capabilities of the victim, undermining his reputation in the eyes of other servicemen, etc. Mockery can be expressed in insult, humiliation of honor and dignity, infliction of physical and moral suffering, etc. The concept of violence beatings, torture, infliction of slight bodily harm, deprivation or restriction of liberty, or threat to commit such actions are covered. Violations of statutory relationships can specifically manifest themselves in forcing victims to commit acts that degrade their personal dignity, to do personal services to servicemen of an earlier term of conscription, to perform certain duties of military service for them, sexual perversions and other forms of bullying. They may be associated with the seizure of uniforms, food, and other material assets from young soldiers. All these actions are usually accompanied by the use of violence or the threat of its use. The subjective side - direct intent. Motives for committing a crime may vary. The perpetrator may act on the basis of dissatisfaction with the attitude of the victim to the performance of military service duties, out of personal hostility towards the victim, out of a desire to emphasize his imaginary superiority over the soldiers of a later period of conscription for military service, other low, including hooligan, motives. In some cases, a crime may be committed by a serviceman of an earlier term of conscription against his colleague on the basis of dissatisfaction with the fact that the latter does not participate in the harassment of soldiers of later terms of conscription. Subject of the crime - military personnel who are not subordinate to the victim. Qualifying signs - commission of an act: - in relation to two or more persons; - by a group of persons, a group of persons by prior agreement or an organized group; - with the use of weapons; - Causing moderate bodily harm. Crime against two or more persons can be done at the same time or at different times. Violation of the statutory rules of relationships, committed against the same person at different times, does not give grounds for qualifying a crime under paragraph "b" of Part 2 of Art. 335 of the Criminal Code of the Russian Federation. Use of weapons means its use for physical or mental impact on the victim. It is impossible to recognize the use of weapons only by the fact that the perpetrator had it at the time of the crime. Special qualifying mark - serious consequences. They include murder, intentional infliction of grievous bodily harm to the victim, negligent infliction of death or grievous bodily harm, incitement to suicide, etc. 89. UNAUTHORIZED LEAVING OF A PART OR PLACE OF SERVICE. DESERTION. DISTRIBUTION OF THESE COMPOSITIONS Unauthorized abandonment of a unit or place of service (Article 337 of the Criminal Code of the Russian Federation) Object of crime - the order of the state in the service of military personnel. The objective side includes the following actions: - unauthorized abandonment of a unit or place of service, i.e. without the permission of the commander of the unit or the person acting as commander; - failure to appear on time without good reason for the service upon dismissal from the unit, upon appointment, transfer, from a business trip, vacation or medical institution. Good reasons there may be an illness or injury of a citizen associated with disability, a serious state of health of a father, mother, wife, husband, son, daughter, sibling, sister, grandfather, grandmother or adoptive parent of a citizen, or participation in the funeral of these persons, an obstacle that arose in as a result of force majeure, or other circumstance that does not depend on the will of the citizen, etc. Unauthorized abandonment of a unit or place of service or failure to appear on time without valid reasons for the service are recognized as criminally punishable, provided that it lasted from 2 to 10 days. The subjective side - direct or indirect intent. Subject of the crime - A conscripted soldier. Part 2 Art. 337 of the Criminal Code of the Russian Federation establishes liability for unauthorized abandonment of a unit or place of service or failure to appear on time without valid reasons for more than 2 days, but not more than 10 days, committed by a serviceman serving a sentence in a disciplinary military unit (separate disciplinary battalions and separate disciplinary companies). In part 3 of Art. 337 of the Criminal Code of the Russian Federation liability was established for unauthorized leaving of a unit or place of service, as well as for failure to appear on time without good reason for more than 10 days, but not more than one month. The subject of this crime is a serviceman who is serving in the military by conscription or by contract. At part 4 contains a qualifying sign of a crime under part 3 of this article - unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service for more than one month. A serviceman who has committed this act for the first time may be released from criminal liability if the unauthorized abandonment of the unit was the result of a combination of difficult circumstances. difficult circumstances hazing between military personnel, serious illness or death of close relatives, etc. may be recognized. Desertion (Article 338 of the Criminal Code of the Russian Federation) Desertion - this is the unauthorized abandonment of a unit or place of service in order to evade military service, as well as failure to appear for the same purposes in the service. In terms of the object, objective side and subject of the crime, desertion coincides with the unauthorized abandonment of a unit or place of service. Their distinction is made on the subjective side. Mandatory elements of the subjective side are direct intent (in case of unauthorized leaving of a unit or place of service - direct or indirect intent) and the presence of a goal - evasion from military service (in case of unauthorized leaving of a unit or place of service, there is no such purpose). 90. CONCEPT AND TYPES OF CRIMES AGAINST PEACE AND SECURITY OF HUMANITY. PLANNING, PREPARATION, UNLEASHING OR Waging AGGRESSIVE WAR (Article 353 of the Criminal Code of the Russian Federation) Crimes against the peace and security of mankind are so-called international crimes. The legal basis for the fight against international crimes and crimes of an international nature are bilateral and multilateral international agreements by establishing criminal law prohibitions on them in the criminal legislation of specific states. These crimes are divided into two groups depending on the immediate object: 1) crimes against peace; 2) crimes against the security of mankind. Peace crimes include: - Art. 353 of the Criminal Code of the Russian Federation. Planning, preparing, initiating or waging a war of aggression; - Art. 354 of the Criminal Code of the Russian Federation. Public calls for unleashing an aggressive war; - Art. 360 of the Criminal Code of the Russian Federation. Attack on persons or institutions that enjoy international protection; - art. 359 of the Criminal Code of the Russian Federation. Mercenary. Crimes against the security of mankind: - art. 355 of the Criminal Code of the Russian Federation. Development, production, accumulation, acquisition or sale of weapons of mass destruction; - Art. 356 of the Criminal Code of the Russian Federation. Use of prohibited means and methods of warfare; - art. 357 of the Criminal Code of the Russian Federation. Genocide; - Art. 358 of the Criminal Code of the Russian Federation. Ecocide. Planning, preparation, initiation or waging of an aggressive war (Article 353 of the Criminal Code of the Russian Federation) The objective side consists of: - in planning an aggressive war - development of plans for the conduct of hostilities, the location of the armed forces, the capture of objects, etc. on the territory of a foreign state; - in preparation for aggressive war - the performance of actions aimed at ensuring readiness for waging an aggressive war; - in unleashing a war of aggression - the beginning of actions for its maintenance. Aggression is the use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this definition. The first use of armed force by a state in violation of the Charter is evidence of an act of aggression. Any of the following actions, regardless of the declaration of war, will qualify as an act of aggression: - invasion or attack by the armed forces of a state on the territory of another state, or any military occupation, or any annexation by force of the territory of another state or part of it; - bombardment by the armed forces of a state of the territory of another state or the use of any weapon by a state against the territory of another state; - blockade of ports or coasts of the state by the armed forces of another state; - the act of a state allowing its territory, which it has placed at the disposal of another state, to be used by that other state to commit an act of aggression against a third state. The subjective side characterized by direct intent. Subject of the crime - persons holding the highest state positions. Part 2 of the article establishes responsibility for waging an aggressive war, i.e., for the direct implementation of military operations on the territory of a foreign state. Author: Rozhdestina A.A.
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