PROBLEMATIC ISSUES OF ESTABLISHING THE SIGN OF “LEAVING IN DANGER” (ON THE EXAMPLE OF CRIMES UNDER ART. 125 AND ART. 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

The development of information and telecommunication networks, as well as the variety of methods of committing crimes, leads to the need to identify the category of “remote crimes”, in which there is a significant distance between the criminal, the act and the results of his activities. Such crimes pose the theoretical problem of determining the place where the crime was committed, which, in turn, is directly related to the practical problem of determining the jurisdiction of criminal cases about these “remote” crimes. The article analyzes the current criminal and criminal procedural legislation, as well as the judicial practice on the issue of determining the location of the crime and the jurisdiction of “remote” crimes. Several approaches to determining jurisdiction have been identified, namely by the place where the criminal act was committed and the place where the crime ended. At the same time, it has been demonstrated that existing approaches are extremely contradictory and do not correspond to legislation, scientific opinions and the needs of practical activity. The article substantiates the need to develop uniform rules for determining jurisdiction by amending the current legislation and adjusting judicial practice. These changes should ultimately ensure the effective implementation of the constitutional right to consider a case by the court to whose jurisdiction it is assigned by law.