On the issue of defining the content of “encroachment” within the meaning of article 295 of the criminal code of the Russian federation

Relevance . The uncertainty of the content of the concept of "encroachment" in the context of Article 295 of the Criminal Code of the Russian Federation prevents the formation of a uniform approach to the assessment and understanding of the objective side of the specified crime. The purpose of the study is a comprehensive analysis of individual theoretical and practical aspects of the application of Art. 295 of the Criminal Code of the Russian Federation, in terms of the preliminary investigation. Objectives : analysis of current criminal legislation in terms of regulating liability for attacks on the lives of officials conducting preliminary investigations; study of approaches to defining the concept of "attack"; establishment of the features of the objective side of the crime provided for in Article 295 of the Criminal Code of the Russian Federation; formulation of the author's definition of the concept of "attack" in relation to Article 295 of the Criminal Code of the Russian Federation. Methodology . The presented scientific research used the analysis of regulatory legal acts, formal-legal, doctrinal, historical-legal, sociological and logical-legal methods. Results . The content of the key features of the objective side of the corpus delicti provided for in Article 295 of the Criminal Code of the Russian Federation is revealed. The author has identified an ambiguity in the theoretical understanding of the term "encroachment" in relation to Article 295 of the Criminal Code of the Russian Federation, due to the lack of its legally fixed and formulated definition. Conclusion. The author has formulated a definition of the concept of "encroachment" as an act provided for in Article 295 of the Criminal Code of the Russian Federation in the part concerning officials conducting the preliminary investigation. A conclusion has been made about the high degree of public danger of this type of crime and it has been proposed to supplement the existing act of interpretation with appropriate explanations containing the definition of the term "encroachment".