Commentary to Art. 324 Criminal Code
1. Subject of the crime (alternatively): a) official documents granting rights or releasing from obligations; b) state awards of the Russian Federation, RSFSR, USSR.
2. The concept of a document combines positive and negative features. The document must be suitable for performing actions with it, expressed in illegal (in violation of established rules) acquisition or sale, that is: a) a material object; b) official. The Russian state can recognize the official status of a document, regardless of which person it comes from; c) granting rights or releasing from obligations, if this is directly stated in the document or follows from its content (diplomas, certificates, certificates, licenses, patents).
The document must not be counterfeit, must not contain information constituting a state secret, or have the characteristics of a security, since actions with such documents constitute other crimes (Articles 159, 283, 327 of the Criminal Code, etc.).
3. State awards: a) are awards of the Russian Federation, RSFSR, USSR; b) their list is strictly determined by the legislation of the relevant states.
4. The objective side consists of the illegal acquisition or sale of official documents and state awards.
Acquisition means establishing the actual possession of the specified items in any way (by purchasing, receiving as a gift, appropriation, extortion, deception or abuse of trust without signs of theft, borrowing, etc.).
The method of acquiring state awards as someone else's property and official documents cannot be their theft.
Theft of official documents committed out of mercenary or other personal interest is qualified under Art. 325 CC.
Sale means the alienation of an item in any way, in particular, through provision for use, other transfer to other persons for a fee or free of charge, with the exception of transfer for storage or as the subject of a bribe.
5. According to judicial practice, if a document was illegally acquired to commit a criminal act (fraud, tax evasion, etc.) or a decision was subsequently made to use it for such purposes, the act is classified as a set of crimes.
6. The motives and purposes of a crime can be any, with the exception of the purpose of collecting and disclosing information constituting commercial, tax or banking secrets (Article 183 of the Criminal Code).
Second commentary to Art. 324 of the Criminal Code of the Russian Federation
1. The objects of this crime are official documents and state awards.
2. Official documents are understood as: acts of authorized entities that have the necessary details, granting rights or releasing from obligations, or changing the scope of rights and obligations. According to paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/09/2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes”, such documents should include, in particular, certificates of temporary disability, medical books, examination sheets, test scores books, salary certificates, protocols of procurement commissions, car registration certificates.
3. The form of the official document is written and, in accordance with the Federal Law of the Russian Federation of December 29, 1994 “On Legal Deposit of Documents”, must include a form, stamp, seal and signature of an authorized person.
4. According to Art. 6 of the Federal Law “On Electronic Signatures”, subject to the conditions specified in the Law (including the availability of details), an electronic document signed with an electronic signature is equal in its legal meaning to paper documents signed with a handwritten signature. The classification of an electronic document as a subject of crimes provided for in the articles of the Special Part of the Criminal Code depends on the nature of the acts. For example, an electronic document may be the subject of a crime under Article 327 of the Criminal Code. However, the nature of the act provided for in Article 324 of the Criminal Code (purchase or sale) presupposes an object that meets the properties of a material object.
5. State awards - the title of Hero of the Russian Federation, orders, medals, insignia and honorary titles provided for by Decree of the President of the Russian Federation of September 7, 2010 No. 1099 “On measures to improve the state award system of the Russian Federation” (together with the “Regulations on state awards of the Russian Federation ", "Statutes of orders of the Russian Federation, provisions on insignia of the Russian Federation, medals of the Russian Federation, honorary titles of the Russian Federation, descriptions of the named state awards of the Russian Federation and breastplates for honorary titles of the Russian Federation").
6. The objective side of this crime includes alternative signs of the act: acquisition or sale. Acquisition means any method of receipt: purchase, exchange, receipt as a gift, receipt for temporary use, etc. Selling it in any way and for any purpose: sale, donation, assignment, provision for temporary use. The social danger of these actions is determined by their illegality, i.e. — violation of the procedure established for receiving and issuing an official document or state award.
7. The subjective side of this crime is characterized by direct intent.
8. The subject of the crime is a person who has reached the age of 16 years.
Decree of the President of the Russian Federation No. 324 of May 26, 2022
DECREE OF THE PRESIDENT OF THE RUSSIAN FEDERATION
On amendments to the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237 1. Amend the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237 “Issues military service" (Collected Legislation of the Russian Federation, 1999, No. 38, Art. 4534; No. 42, Art. 5008; 2000, No. 16, Art. 1678; 2003, No. 16, Art. 1508; 2007, No. 11, Art. 1284; No. 13, Art. 1527; No. 29, Art. 3679; No. 35, Art. 4289; No. 38, Art. 4513; 2008, No. 3, Art. 169, 170; No. 13, Art. 1251; No. 43, Art. 4919; 2009, No. 2, Art. 180; No. 18, Art. 2217; No. 28, Art. 3519; No. 49, Art. 5918; 2010, No. 27, Art. 3446; 2011, No. 4, Article 572; No. 13, Article 1741; No. 40, Article 5532; 2012, No. 2, Article 244; No. 29, Article 4075; No. 47, Article 6457; 2013, No. 7, Article 633; No. 13, Art. 1526; 2014, No. 8, Art. 783; No. 27, Art. 3754; 2015, No. 1, Art. 199; No. 13, Art. 1909; No. 18, Art. 2691; No. 25, Art. 3643; No. 43, Article 5947; 2016, No. 1, Article 216; No. 32, Article 5096; No. 50, Article 7077, 7078; No. 52, art. 7603; 2022, No. 2, art. 326; No. 21, art. 2988; No. 28, art. 4123; No. 41, art. 5934; 2022, No. 1, art. 320; No. 28, art. 4198; No. 33, art. 5402; 2022, No. 4, Art. 325; No. 5, art. 366; No. 8, art. 761; 2022, No. 1, art. 7; No. 9, art. 1178; No. 18, art. 2873; No. 27, art. 4185, 4191; No. 36, art. 5609; No. 38, art. 5853; No. 41, art. 6395; No. 52, art. 8795; 2022, No. 10, art. 1570), amendment, adding clause 11′ to Article 22 as follows:
"eleven'. A military serviceman sent to a non-military position in a military training center at a federal state educational organization of higher education without suspending his military service is assigned the next military rank on the day of expiration of his military service in the previous military rank, if he fills a position for which the staffing schedule of this military training center provides a military rank equal to or higher than the military rank assigned to the specified military personnel. In this case, a military serviceman who has an academic degree and (or) academic rank, fills a teaching position in a military training center at a federal state educational organization of higher education and whose period of military service in the assigned military rank has expired, may be awarded a military rank for one a level higher than the military rank provided for in the staffing schedule of a given military training center for the position he occupies, but not higher than the military rank of colonel or captain 1st rank.”
2. This Decree comes into force from the date of its signing.
V.Putin
Moscow, Kremlin May 26, 2022 No. 324
Third commentary to Article 324 of the Criminal Code of the Russian Federation
1. The direct object of the crime is the procedure for circulation of official documents and state awards. The subject of the crime is: a) official documents granting rights or releasing from obligations; b) state awards of the Russian Federation, RSFSR, USSR. Any documents, depending on the entity from which they come, are divided into official and unofficial. An official document is a material object with information recorded on it in the form of text, sound recording or image, certifying events or facts that have legal significance and entail legal consequences (an information document, for example, a marriage registration certificate), or conferring rights, assigning responsibilities or exempting from them (an administrative document, for example, a certificate of participation in the Great Patriotic War, a license to engage in any activity, a diploma of education, a driver’s license). An informal document is a document created by a person outside the scope of his official activities or performance of public duties (for example, a receipt for the receipt of a sum of money). In the case of certification (certification) of any unofficial document by an official, notary, or other competent authority, this document is recognized as official, since it comes from a competent person and acquires legal force. The subject of the crime under consideration is only administrative official documents. State awards are the highest form of reward for citizens for outstanding services or achievements in the defense of the Fatherland, state building, economics, science, culture, art, education, protection of health, life and rights of citizens, charitable activities and other services to the state. State awards of the Russian Federation include, for example, the title of Hero of the Russian Federation, orders, medals, insignia, and honorary titles of the Russian Federation. State awards of the RSFSR and the USSR are the title of Hero of the Soviet Union, Hero of Socialist Labor, orders, medals, honorary titles of the RSFSR and the USSR. State awards are personal and inalienable.
2. The objective side of the crime is expressed in the commission of one of two alternative actions: 1) illegal acquisition or 2) sale of the above-mentioned items of crime. Illegality of actions means their commission without the grounds established by law and the appropriate procedure. Acquisition involves the receipt of official documents or government awards for a fee or free of charge in any way (purchase, receipt as a gift, exchange, etc.). The acquisition of official documents by stealing them constitutes a crime under Art. 325 CC. The theft of state awards must be qualified under this article. Sales are formed by the paid or gratuitous transfer of specified items to another person (sale, donation, assignment, exchange, etc.).
3. The corpus delicti is formal. The crime is considered completed from the moment any of the listed actions are committed.
4. The subject of the crime is a sane individual who has reached the age of 16.
The subjective side of the crime is characterized by guilt in the form of direct intent. ‹ Article 323. Illegal change of the State Border of the Russian Federation Up Article 325. Theft or damage to documents, stamps, seals or theft of excise stamps, special stamps or marks of conformity ›
Commentary on Article 324 of the Criminal Code of the Russian Federation
The object of this crime is the established procedure for the circulation of official documents and state awards. The subject of the crime is official documents granting rights or exempting from duties, state awards of the Russian Federation, the RSFSR and the USSR.
Documents are properly executed tangible media that secure information that is important for verifying legally significant facts. Material media containing the specified information can be of any nature: paper media, electronic media, video and audio recordings on films, etc. Official documents must be properly executed, i.e. have the necessary details (for example, corner stamps, seals, signatures of appropriate persons, etc.).
The concept of an official document is given in Art. 5 of the Federal Law of December 29, 1994 N 77-FZ “On the Mandatory Deposit of Documents” <1>: official documents are documents adopted by legislative, executive and judicial authorities that are mandatory, advisory or informational in nature.
——————————— <1> NW RF. 1995. N 1. Art. 1.
From this definition we can conclude that an official document must have the following characteristics: be accepted (issued) by a state or municipal body and be of a mandatory, advisory or informational nature. Therefore, for example, documents issued by commercial organizations and public organizations cannot be classified as official.
In addition, as noted above, the official document must be properly accepted and executed. This means that the official document must be accepted by an authorized person or collegial body and also signed by an authorized person.
And finally, an official document that is the subject of a crime under Art. 324 of the Criminal Code of the Russian Federation, must have such a property as granting rights or exemption from obligations (on the concept of an official document, see also the commentary to Article 292 of the Criminal Code of the Russian Federation).
Another subject of the crime in question is state awards. These include orders, medals, honorary titles, certificates of honor established in accordance with the legislation of the Russian Federation, the RSFSR, the USSR (Order of Victory, the title “Hero of the Russian Federation”, the honorary title “Honored Lawyer of the Russian Federation”, etc.). For example, Decree of the President of the Russian Federation dated March 2, 1994 N 442 “On state awards of the Russian Federation” as amended by Decree dated October 5, 2004 N 1272 established: the Order of Merit for the Fatherland, the Order of Courage, the Order of Military Merit", Order of Honor, Order of Friendship, Medal "For Courage", Medal "For Saving the Victims", Suvorov Medal, Ushakov Medal, Nesterov Medal, Medal "For Distinction in the Protection of the State Border", Medal "For Distinction in the Protection of Public Order" , insignia “For impeccable service.” Academic titles and degrees, class ranks, and military ranks are not state awards.
The objective side of the crime is expressed in action and consists of two alternative acts - the illegal acquisition or sale of the subject of the crime.
Acquisition is any action as a result of which the perpetrator becomes the owner of an official document or state award - purchase, receipt as a gift, receipt as payment of a debt, etc. Sale is understood as any form of alienation of the subject of a crime, as a result of which its owner changes: sale, exchange, payment of debt, donation of these items and documents.
The corpus delicti is formal - the crime is completed from the moment of acquisition or sale of official documents or state awards.
The subjective side is characterized by direct intent. The person is aware of the social danger of his actions, the nature of the items being purchased or sold, and wishes to perform these actions.
The general subject of the crime is a sane person who has reached the age of sixteen.
