Email this article Some Problems of Responsibility for Unfinished Crimes in Russian Criminal Law
- Authors: Bikeev I.I.1, Klemin A.V.1, Zharov S.N.2
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Affiliations:
- Kazan Innovative University named after V.G. Timiryasov
- Chelyabinsk State University
- Issue: Vol 15, No 7 (2022)
- Pages: 135-140
- Section: Articles
- URL: https://journal-vniispk.ru/2072-3164/article/view/147770
- ID: 147770
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Abstract
The aim of the study is to improve criminal liability for unfinished crimes. In its course, problems were identified related to the qualification of unfinished crimes under Part 1 or Part 2 of Art. 105 "Murder" and under part 3 of Art. 30 “Preparation for a crime and attempted crime” of the Criminal Code of the Russian Federation, as well as the consequences of the implementation of the provisions of Part 2 and Part 3 of Art. 66 "Sentencing for an unfinished crime" of the Criminal Code of the Russian Federation. It is proposed to state paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation as follows: "two or more persons or associated with the preparation for the murder of another person or attempted murder of another person." Art. 66, it is proposed to add part 5 of the following content: “When imposing a punishment for preparing for a crime or attempted crime in cases where the perpetrator, in the process of committing it, by his actions (inaction) performed another corpus delicti, which is part of a crime that was not completed in the intended volume, the court has the right not to apply the rules provided for by parts 2 and 3 of this article if it establishes that the operation of these norms will lead to the imposition of a punishment that does not sufficiently take into account the nature and degree of social danger of socially dangerous actions (inaction) committed by a person. As an alternative to the last sentence, it is recommended to state part 3 of Art. 66 of the Criminal Code as follows: "The term or amount of punishment for an incomplete attempt to commit a crime may not exceed three-quarters of the maximum term or amount of the most severe type of punishment provided for by the relevant article of the Special Part of this Code for a completed crime."
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##article.viewOnOriginalSite##About the authors
Igor Izmailovich Bikeev
Kazan Innovative University named after V.G. Timiryasov
Email: bikeev@ieml.ru
Dr.Sci.(Law), Professor, Professor of the Department of Criminal Law and Procedure Казань, Россия
Andrey Vladimirovich Klemin
Kazan Innovative University named after V.G. Timiryasov
Email: klemin@ieml.ru
Dr.Sci.(Law), Professor, Head of the Department of International and European Law Казань, Россия
Sergey Nikolaevich Zharov
Chelyabinsk State University
Email: serzhar@mail.ru
Dr.Sci.(Law), Professor, Professor of the Department of Theory and History of State and Law Челябинск, Россия
References
- Aliev I.A., Magomedova A.I. Punishability of unfinished types of crimes // Science and education: economy and economy; entrepreneurship; law and management. 2022. No. 10 (149). pp. 107-110.
- Babiy N.A. The doctrine of the stages of crime and unfinished crimes: a monograph. M.: Yurlitinform, 2017. 747 p.
- Bezugly S.N. Unfinished Crime in Russian Criminal Law / ed. G.Yu. Lesnikov. M.: Yurlitinform, 2019. 135 p.
- Blagov E.V. Unfinished crime and criminal liability. Moscow: Prospekt, 2022. 216 p.
- Blagov E.V. Responsibility of accomplices of a crime or for an unfinished crime? // Criminal law: development strategy in the XXI century. Proceedings of the XIX International Scientific and Practical Conference. Moscow, 2022, pp. 698-703.
- Borodin S.V. Crimes against life. - M.: Jurist, 1999. - 356 p.
- Dremlyuga R. I., Reshetnikov V. V. Legal aspects of the application of predictive analytics in law enforcement // Asia-Pacific region: economics, politics, law. 2018. Volume 20. No. 3. P. 133-144.
- Ilidzhev A.A. Criminal-legal characteristics of the reflection of an unfinished crime in the Special Part of the Criminal Code of the Russian Federation. // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin. 2022. No. 1. P. 22-27.
- Kankulov A.Kh. The ratio of voluntary refusal to commit a crime and an unfinished crime // Eurasian legal journal. 2021. No. 3. P. 241-242.
- Kilimbaev R.V. Basis and limits of liability for an unfinished crime: monograph. M.: Yurlitinform, 2020. 160 p.
- Milyukov S.F., Dronova T.N. Unfinished crime: problematic issues // Law: history and modernity. 2022. Vol. 6. No. 3. Р. 342-364.
- Milyukov S.F. Russian Criminal Legislation: An Experience of Critical Analysis. St. Petersburg: SPbIVESEP, Znanie, 2000. 279 p.
- Reshetnikov A.Yu., Russkevich E.A. Unfinished complicity in a crime and complicity in an unfinished crime: questions of qualification // Criminal law. 2021. No. 11. No. 11. P. 21-28.
- Romanov A.K. On the basis of criminal liability for unfinished crimes // Vestnik MIEP. 2016. No. 3 (24). pp. 75-83.
- Sverchkov V.V. Error and quasi-error in the application of the criminal law: causes, consequences // Actual problems of economics and law. 2019. V. 13, No. 3. S. 1404-1411. DOI: http://dx.doi.org/10.21202/1993-047X.13.2019.3.1404-1411.
- Skorobogatov A.V., Ali Abbud Malik. Legitimation of the law in legal discourse // Actual problems of economics and law. 2019. V. 13, No. 3. S. 1370-1378. DOI: http://dx.doi.org/10.21202/1993-047X.13.2019.3.1370-1378.
- Hilyuta V.V. Unfinished crime and complex guilt // Yurist-Pravoved. 2022. No. 3 (102). pp. 7-12.
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