Criminal-legal characteristics and problems of qualification of crimes infringing on the rights of orphans and children left without parental care to provide comfortable living quarters

The relevance of the study is due to the increasing number of criminal cases initiated and investigated related to the non-realization by officials of state bodies and local governments of the rights of orphaned children and children left without parental care to provide comfortable accommodation. The problems of qualification of actions of officials authorized to exercise such rights, forming signs of criminal acts in their implementation, are considered. The purpose of the study is the need to consider possible investigative situations and determine an acceptable criminal law characteristic. The extensive judicial practice is studied and analyzed, and a unified approach to the issue of qualifications has been developed. It is concluded that the peculiarity of the investigation of these crimes is due to the formally developed different approaches to assessing the actions or inaction of officials with virtually similar signs of criminal acts. This differentiated approach introduces a certain imbalance in the issues of qualification of crimes and consideration of criminal cases by the courts on the merits. The current legislation contains a norm obliging the subjects of the Russian Federation to provide well-maintained accommodation of a specialized housing stock once under lease agreements for specialized accommodation, and in the absence of other norms, it is necessary to continue searching for a solution, including a regulatory legal one that allows not only to maximize the protection of the housing rights of orphans and children left without parental care, but also to ensure a balance of interests of the participants in these relations. Thus, the study is developed a broader approach to this problem compared to the existing one, focused on solving it through the actual assignment of functions to the investigators of the Investigative Committee of the Russian Federation to restore violated rights.