QUALIFICATION OF INCOMPLETE OFFENCES COMMITTED WITH THE USE OF OFFICIAL POSITION
Authors:
Type:
Article
Pages:
from
to
Status:
Published
Received:
05.11.2024
Accepted:
07.11.2024
Published:
09.01.2025
Language:
Russian
Keywords:
official crimes, use of official position, way of committing a crime, preparation for a crime, incomplete crime
Abstract (English):
Introduction. The article analyses the problem of qualification of incomplete crimes in cases when a person used his official position only at the stage of preparation for a crime, as well as the problem of influence of this method of crime on the establishment of the moment of the beginning of the objective side of the crime. Methods. In the course of the research the following methods were used: dialectical method, method of induction, comparative legal method, method of systematic interpretation of legal terms, methods of description and logical analysis. Results. On the basis of the analysis of legislation, judicial practice and doctrinal approaches it was concluded that the qualifying feature ‘with the use of official position’ can be imputed only if this feature was present as a way of committing a crime within the boundaries of the beginning and end of the objective side of a particular crime, determined in accordance with the disposition of the article of the Special Part of the Criminal Code of the Russian Federation. In this case, this qualifying feature does not expand the declared boundaries, there is a transformation of the method within the objective side of the corpus delicti of the offence, due to which the commission of the offence is significantly facilitated and, thus, increases the social danger of the offence.
Introduction. The article analyses the problem of qualification of incomplete crimes in cases when a person used his official position only at the stage of preparation for a crime, as well as the problem of influence of this method of crime on the establishment of the moment of the beginning of the objective side of the crime. Methods. In the course of the research the following methods were used: dialectical method, method of induction, comparative legal method, method of systematic interpretation of legal terms, methods of description and logical analysis. Results. On the basis of the analysis of legislation, judicial practice and doctrinal approaches it was concluded that the qualifying feature ‘with the use of official position’ can be imputed only if this feature was present as a way of committing a crime within the boundaries of the beginning and end of the objective side of a particular crime, determined in accordance with the disposition of the article of the Special Part of the Criminal Code of the Russian Federation. In this case, this qualifying feature does not expand the declared boundaries, there is a transformation of the method within the objective side of the corpus delicti of the offence, due to which the commission of the offence is significantly facilitated and, thus, increases the social danger of the offence.
Keywords:
official crimes, use of official position, way of committing a crime, preparation for a crime, incomplete crime
official crimes, use of official position, way of committing a crime, preparation for a crime, incomplete crime
