Subjective signs of crimes encroaching on the legal turnover of ethyl alcohol, alcoholic and alcohol-containing products: problems of theory and practice

The article presents a study of the subjective signs of crimes that infringe on the legal turnover of ethyl alcohol, alcoholic and alcohol-containing products. The subject of the study is the criminal law norms providing for liability for acts that infringe on the legal turnover of alcoholic beverages. The relevance of the study is due to the significant number of illegal alcoholic beverages on the Russian market, which requires a clear definition of the grounds and limits of criminal liability for trafficking in such products. One of the problems that law enforcement officers face today when bringing persons to criminal responsibility under Articles 171.1, 171.3, 171.4 of the Criminal Code of the Russian Federation is theoretical and practical contradictions in establishing the subjective elements of a crime. The purpose of the study is to analyze the subjective signs of the crimes provided for in these articles of the Criminal Code of the Russian Federation, identify existing inconsistencies and propose ways to eliminate them. The research methodology is represented by a set of general scientific and private scientific methods of cognition. The author uses a system-structural analysis, a logical analysis of texts and judgments, and a formal legal method. The scientific novelty of the study is expressed in a comprehensive analysis of the subjective signs of crimes infringing on the legal turnover of ethyl alcohol, alcoholic and alcohol-containing products. Considering the subjective side of crimes, the author comes to the conclusion that, despite the absence of art. 171.3 of the Criminal Code of the Russian Federation, indications of the purpose of sale, production, purchase (including import), supply (including export), storage, transportation of ethyl alcohol, alcoholic and alcohol-containing products without an appropriate license may be considered criminal only if they are committed for the purpose of sale. Considerable attention is paid to the problem of determining the subject of crimes provided for in Articles 171.3, 171.4 of the Criminal Code of the Russian Federation. The relevant judicial practice and scientific discussion on this issue are analyzed. According to the author, the problems arising in law enforcement practice can be solved in two ways: by amending art. 171.4 in terms of the subject of the crime, which generates competition of norms, or by excluding this article from the Criminal Code of the Russian Federation and simultaneously changing art. 171.3 of the Criminal Code of the Russian Federation in terms of supplementing the disposition of the norm by indicating that acts are committed not only without a license, but also without registration.