Minor theft committed from oil, oil product and gas pipelines

Relevance. The article deals with the issues of insignificance of the act, stipulated by item. "b" part 3 part 3 of article 158 of the Criminal Code of the Russian Federation. The grounds and conditions of the grounds and conditions of insignificance of thefts. On the basis of the study of judicial practice are outlined peculiarities of application of the provisions on insignificance to theft of hydrocarbon raw materials from the pipeline raw materials. Purpose: to study the possibility and conditions of applying the provisions of part 2 of article 14 of the Criminal Code of the Russian Federation to the theft committed from an oil pipeline to theft committed from an oil pipeline, oil product pipeline and gas pipeline (item "b", part 3, article 158 of the Criminal Code of the Russian Federation). Objectives: study and identification of conditions of application of insignificance of a deed to the theft from pipelines on the basis of analysis of modern judicial practice and provisions of doctrine of criminal law. Methodology. The methodological basis of the study was the general dialectical method of scientific cognition. of scientific cognition. The author used such private methods as: Formal-legal, sociological and method of legal modelling. Results. The authors analyzed and summarized the conditions, distinguished in the theory of criminal law, under which a specific socially dangerous act can be recognized as insignificant and projected on theft committed from an oil pipeline, petroleum product pipeline, petroleum product pipeline. oil, oil product and gas pipelines, and studied the materials of materials of judicial and investigative practice on the termination of criminal cases on theft of raw materials from the thefts of raw materials from pipelines due to insignificance, the author's conditional criteria were singled out criteria under which the theft of oil, oil products or gas can be considered a low-value act. as an insignificant act. Conclusion: the individual danger of a specific fact of theft from pipelines in some situations may not correspond to the level of criminal danger, which the legislator has laid down in the relevant act as a result of its criminalization. The conducted research allows us to determine the approximate mandatory and optional signs for recognizing theft from pipelines as insignificant.

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Publication Details

Journal
Proceedings of the Southwest State University Series History and Law
Published
2024-11-24
DOI
https://doi.org/10.21869/2223-1501-2024-14-5-152-162
Primary Topic
Crime, Deviance, and Social Control
Type
article
Field-Weighted Citation Impact
0.00
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article

Minor theft committed from oil, oil product and gas pipelines

A. S. Tumanov, Alexander M. Pleshakov
Proceedings of the Southwest State University Series History and Law
Crime, Deviance, and Social Control
article

Minor theft committed from oil, oil product and gas pipelines

A. S. Tumanov, Alexander M. Pleshakov
article en

Abstract

Relevance. The article deals with the issues of insignificance of the act, stipulated by item. "b" part 3 part 3 of article 158 of the Criminal Code of the Russian Federation. The grounds and conditions of the grounds and conditions of insignificance of thefts. On the basis of the study of judicial practice are outlined peculiarities of application of the provisions on insignificance to theft of hydrocarbon raw materials from the pipeline raw materials. Purpose: to study the possibility and conditions of applying the provisions of part 2 of article 14 of the Criminal Code of the Russian Federation to the theft committed from an oil pipeline to theft committed from an oil pipeline, oil product pipeline and gas pipeline (item "b", part 3, article 158 of the Criminal Code of the Russian Federation). Objectives: study and identification of conditions of application of insignificance of a deed to the theft from pipelines on the basis of analysis of modern judicial practice and provisions of doctrine of criminal law. Methodology. The methodological basis of the study was the general dialectical method of scientific cognition. of scientific cognition. The author used such private methods as: Formal-legal, sociological and method of legal modelling. Results. The authors analyzed and summarized the conditions, distinguished in the theory of criminal law, under which a specific socially dangerous act can be recognized as insignificant and projected on theft committed from an oil pipeline, petroleum product pipeline, petroleum product pipeline. oil, oil product and gas pipelines, and studied the materials of materials of judicial and investigative practice on the termination of criminal cases on theft of raw materials from the thefts of raw materials from pipelines due to insignificance, the author's conditional criteria were singled out criteria under which the theft of oil, oil products or gas can be considered a low-value act. as an insignificant act. Conclusion: the individual danger of a specific fact of theft from pipelines in some situations may not correspond to the level of criminal danger, which the legislator has laid down in the relevant act as a result of its criminalization. The conducted research allows us to determine the approximate mandatory and optional signs for recognizing theft from pipelines as insignificant.

Proceedings of the Southwest State University Series History and LawVol. 14(5)
Federal Penitentiary Service (RU), Ministry of Internal Affairs of the Russian Federation (RU), Moscow University of the Ministry of Internal Affairs of Russia
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Crime, Deviance, and Social Control
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