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CURRENT RUSSIAN POLICY IN THE AREA OF COUNTER-OFFICIAL CRIMES

Journal: MEST Journal (Vol.8, No. 2)

Publication Date:

Authors : ;

Page : 18-24

Keywords : criminal policy; criminal law; official crimes; corruption;

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Abstract

Service activities are carried out in various spheres of public life and affect all the diversity of rights, freedoms and other socially important goods, relations and values. Therefore, the interests of the service are protected by legal means of different sectoral nature, including criminal law. At the same time, clarity in distinguishing between crimes and misconduct in the service is extremely important for law enforcement. However, the issue of distinguishing between official crimes and misdemeanors is one of the poorly developed ones in doctrine and practice. A clear distinction between crimes and misdemeanors in the service involves specifying the objective features of the composition of official offenses. The concretization here is justified by the need to exclude subjectivity on the part of practitioners, both their mistakes and outright abuses. It is also important to take into account the peculiarities of service crimes. These are mostly multi-object attacks. The range of their objects is so wide that it embraces almost all law enforcement interests and relationships. On this basis, some legal scholars even concluded that these crimes do not have their own "own" object, that they are qualified types of "common" crimes. The multi-object nature of crimes is expressed in the diverse nature of the harm caused by them, i.e. it causes a multiplicity of socially dangerous consequences. Official crimes generate a variety of negative changes in various areas of public life. The multiplicity of consequences is a distinctive feature of these attacks. It should be taken into account in the legislative process. In unification categorial apparatus existing criminal legislation on liability for service of crime I propose to discuss another issue about transformation is enshrined in the first articles 201, 201.1 and 202 of the criminal code provisions "caused significant harm to rights and legitimate interests of citizens or organizations or legally protected interests of society or the state" to design "significant violation of rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or state." The socio-economic and political grounds for criminalizing violations of the interests of the service in commercial and other organizations are understood as transformations that occurred at the turn of the XX-XXI centuries in the sphere of economy and political system, which determined the emergence of new types of legal entities in the form of primarily private commercial and non-profit organizations with their own management apparatus.

Last modified: 2020-07-13 01:42:48