An Approximate List of Modi Operandi: Insight into Technical and Legal Solution (On the Example of the Disposition of Part 1 of Article 150 of the CCRF)

The article concentrates on the study of such a technical and legal solution as approximate list of modi operandi. The author considers the wording used to reflect the modus operandi in the criminal law in general. In addition, using specific examples, the author explains the significance of fixing the modus operandi in the disposition of the main and within the framework of the qualified composition of a crime. Using the example of the wording "in another way" specified in the disposition of Part 1 of Article 150 of the Criminal Code of the Russian Federation, attempts to understand the justification for an approximate list of modi operandi. It was revealed that the approximate list of modi operandi in the current criminal law, in addition to the above wording, is also indicated by the phrases "in another socially dangerous way", "in another illegal way" and "other illegal actions". It is stated that the technical and legal solution under study can indicate the modus operandi as a mandatory element of the actus reus of a specific crime only from the position of the legislator’s understanding of the most typical variations for this crime. It is noted that the enumeration as one of the techniques of casuistic exposition is usually used to limit judicial discretion. But in cases with an approximate list of modi operandi, this goal is not achieved. As a result of this research, the author comes to the conclusion that the technical and legal solution in question is nothing more than a legislative mistake, because it has no practical significance. Moreover, this solution creates practical and theoretical problems. The last conclusion is based on an analysis of materials from judicial practice and the works of researchers in the field of criminal law. It is proposed to exclude all the above specified formulations from the text of the criminal law, as well as the list of modi operandi in the articles where these formulations are used.