On some issues of the application of the norms on exemption from criminal liability
- Authors: Borovikov V.B.1, Borovikova V.V.1
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Affiliations:
- Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot
- Issue: Vol 3, No 4 (2024)
- Pages: 106-110
- Section: Criminal law
- URL: https://journal-vniispk.ru/2782-7372/article/view/279797
- DOI: https://doi.org/10.33693/2782-7372-2024-3-4-106-110
- EDN: https://elibrary.ru/BGRLMD
- ID: 279797
Cite item
Abstract
The article outlines the controversial issues of the application of the norms on exemption from criminal liability. In particular, attention is paid to the social conditionality of these norms, the possibilities of their application in cases of unfinished criminal activity and complicity in crime, and ways to improve their content and implementation are proposed.
The purpose of the publication is to consider additional possibilities of applying the rules on exemption from criminal liability in situations that have not been adequately developed in the theory and practice of criminal law. For example, in cases of commission of unfinished crimes, complicity in a crime, application of criminal law norms with administrative prejudice.
The conclusions obtained during the study. The article draws conclusions about the possibility and expediency of applying the norms on exemption from criminal liability in cases of commission of an unfinished crime, complicity in a crime and acts recognized as criminal on the basis of norms with administrative prejudice.
The scientific significance of the publication. The article attempts to consider from a new scientific perspective the issues of the application of exemption from criminal liability in cases of commission of an unfinished crime, complicity in a crime, as well as in situations of recognition of an act as a crime on the basis of norms with administrative prejudice.
The practical significance of the publication. This article contains ideas on expanding the possibilities of applying the norms on exemption from criminal liability, in relation to situations of commission of an unfinished crime, complicity in a crime and in cases of recognition of an act as criminal, on the basis of norms with administrative prejudice.
Full Text
##article.viewOnOriginalSite##About the authors
Valery B. Borovikov
Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot
Author for correspondence.
Email: vbor1976@yandex.ru
Cand. Sci. (Law), Associate Professor, Honored Officer of the Internal Affairs Department of the Russian Federation, Professor, Department of Criminal Law
Russian Federation, MoscowVictoria V. Borovikova
Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot
Email: vbor1976@yandex.ru
SPIN-code: 4180-7437
Scopus Author ID: 278912
Cand. Sci. (Law), Associate Professor, associate professor, Department of Criminal Law
Russian Federation, MoscowReferences
- Brilliantov A.V. Exemption from criminal liability: Taking into account general judicial practice. Scientific and practical. Manual. Moscow: Prospect, 2014. P. 161.
- Ivanov N.G. Possibilities and alternatives of exemption from criminal liability. Gaps in Russian Legislation. 2017. No. 1. Pp. 141–145. (In Rus.)
- Problems of crime qualification. Monograph. K.V. Obrazhiev, N.I. Pikurov (eds.). Moscow: Prospekt, 2023. 464 c.
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