Преступление, предусмотренное ст. 284<sup>1</sup> УК РФ: эволюция уголовно-правовой нормы и проблемы ее толкования

Countering the penetration of destructive organizations into the territory of the Russian Federation, blocking attempts by them to influence the social and political institutions of Russian society led to the addition of Article 2841 of the Criminal Code of the Russian Federation in 2015. In addition, a procedure has been developed for the recognition of undesirable activities on the territory of the Russian Federation by a foreign or international organization. In the almost 9-year history of the existence of the norm under consideration, it has already been amended three times, which characterizes the tightening of criminal liability for the acts provided for. The statistics of the number of convicts under the article in question during this period indicate that the introduced norm is not in demand in practice. Despite the fairly common approach to the construction of criminal liability for crimes of an organizational nature, used in the presentation of Article 2841 of the Criminal Code of the Russian Federation, difficulties in interpreting certain signs still arise. In particular, the article draws attention to the different approaches of criminologists to determining the object of encroachment, which can lead to a distortion of the social orientation of the act and errors in law enforcement. Practice is experiencing difficulties in interpreting a number of signs of the objective side of the crime, the possibility of termination of criminal prosecution due to the insignificance of the act. The article also discusses other issues that cause controversy in criminal law science and judicial practic.

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Publication Details

Journal
Азиатско-Тихоокеанский регион Экономика политика право
Published
2024-12-25
DOI
https://doi.org/10.24866/1813-3274/2024-4/182-198
Primary Topic
Legal and Policy Issues
Type
article
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article

Преступление, предусмотренное ст. 2841 УК РФ: эволюция уголовно-правовой нормы и проблемы ее толкования

Александр Иванович Чучаев, Ю. В. Грачева
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Азиатско-Тихоокеанский регион Экономика политика право
Legal and Policy Issues
article

Преступление, предусмотренное ст. 2841 УК РФ: эволюция уголовно-правовой нормы и проблемы ее толкования

Александр Иванович Чучаев, Ю. В. Грачева
article en

Abstract

Countering the penetration of destructive organizations into the territory of the Russian Federation, blocking attempts by them to influence the social and political institutions of Russian society led to the addition of Article 2841 of the Criminal Code of the Russian Federation in 2015. In addition, a procedure has been developed for the recognition of undesirable activities on the territory of the Russian Federation by a foreign or international organization. In the almost 9-year history of the existence of the norm under consideration, it has already been amended three times, which characterizes the tightening of criminal liability for the acts provided for. The statistics of the number of convicts under the article in question during this period indicate that the introduced norm is not in demand in practice. Despite the fairly common approach to the construction of criminal liability for crimes of an organizational nature, used in the presentation of Article 2841 of the Criminal Code of the Russian Federation, difficulties in interpreting certain signs still arise. In particular, the article draws attention to the different approaches of criminologists to determining the object of encroachment, which can lead to a distortion of the social orientation of the act and errors in law enforcement. Practice is experiencing difficulties in interpreting a number of signs of the objective side of the crime, the possibility of termination of criminal prosecution due to the insignificance of the act. The article also discusses other issues that cause controversy in criminal law science and judicial practic.

Азиатско-Тихоокеанский регион Экономика политика правоVol. 26(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 55%
Legal and Policy Issues
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