On Certain Problems of Criminal Evasion as a Continuing Crime with a Focus on Malicious Failure to Enforce a Court Order (Article 315 of the Criminal Code of the Russian Federation)

In this article, through the prism of one of the decisions of the Constitutional Court of the Russian Federation, the problems of malicious non-execution of judicial act as a continuing crime are considered, in connection with which the issues of the criminal-legal significance of an unfulfilled duty in the structure of a continuing crime are analyzed, as well as determining the moment of the end of malicious non-execution of a judicial act. To this end, the theory of criminal law and judicial practice are studied. The author substantiates the conclusion that, contrary to the position of the Constitutional Court of the Russian Federation, the application of criminal law norms on evasion within the framework of the construction of continuing crimes entails a violation of the principle of prohibiting the repeated conviction of the guilty person for the same crime.