Qualification of incomplete offences committed with the use of official position
Authors:
1.
Russian Federation
Type:
Article
eLocation:
Status:
Published
Received:
05.11.2024
Accepted:
27.12.2024
Published:
13.07.2025
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 analyzes the problems of qualification of incomplete crimes in cases where a person used his official position only at the stage of preparation for the crime, as well as the influence of this method of committing a crime on establishing the moment of the beginning of the execution of the objective side of the crime. Methods. In the course of the study conducted by the author of the article, the dialectical method, the induction method, the comparative legal method, the method of systematic interpretation of legal terms, the methods of description and logical analysis were used. Results. Based on the results of the study of legislation, judicial practice and doctrinal approaches, it was concluded that the qualifying feature «using official position» can be imputed only if this feature was present as a method of committing a crime within the boundaries of the beginning and end of the execution of the objective side of a specific crime, determined in accordance with the disposition of the article of the Special Part of the Criminal Code of the Russian Federation. At the same time, this qualifying feature does not expand the declared boundaries, since there is a transformation of the method within the objective side of the crime, due to which the commission of the crime is significantly facilitated, which increases the level of social danger of the crime.
Introduction. The article analyzes the problems of qualification of incomplete crimes in cases where a person used his official position only at the stage of preparation for the crime, as well as the influence of this method of committing a crime on establishing the moment of the beginning of the execution of the objective side of the crime. Methods. In the course of the study conducted by the author of the article, the dialectical method, the induction method, the comparative legal method, the method of systematic interpretation of legal terms, the methods of description and logical analysis were used. Results. Based on the results of the study of legislation, judicial practice and doctrinal approaches, it was concluded that the qualifying feature «using official position» can be imputed only if this feature was present as a method of committing a crime within the boundaries of the beginning and end of the execution of the objective side of a specific crime, determined in accordance with the disposition of the article of the Special Part of the Criminal Code of the Russian Federation. At the same time, this qualifying feature does not expand the declared boundaries, since there is a transformation of the method within the objective side of the crime, due to which the commission of the crime is significantly facilitated, which increases the level of social danger of the crime.
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.
