Criminal Code of the Russian Federation

ST of the Criminal Code of the Russian Federation

Section 1. CRIMINAL LAW

Chapter 1. TASKS AND PRINCIPLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Article 1 of the Criminal Code of the Russian Federation. Criminal legislation of the Russian Federation

Article 2 of the Criminal Code of the Russian Federation. Objectives of the Criminal Code of the Russian Federation

Article 3 of the Criminal Code of the Russian Federation. Principle of legality

Article 4 of the Criminal Code of the Russian Federation. The principle of equality of citizens before the law

Article 5 of the Criminal Code of the Russian Federation. Principle of guilt

Article 6 of the Criminal Code of the Russian Federation. Principle of justice

Article 7 of the Criminal Code of the Russian Federation. The principle of humanism

Article 8 of the Criminal Code of the Russian Federation. Basis of criminal liability

Chapter 2. EFFECT OF CRIMINAL LAW IN TIME AND SPACE

Article 9 of the Criminal Code of the Russian Federation. The effect of criminal law over time

Article 10 of the Criminal Code of the Russian Federation. Retroactivity of criminal law

Article 11 of the Criminal Code of the Russian Federation. The effect of the criminal law in relation to persons who have committed a crime on the territory of the Russian Federation

Article 12 of the Criminal Code of the Russian Federation. The effect of the criminal law in relation to persons who have committed a crime outside the Russian Federation

Article 13 of the Criminal Code of the Russian Federation. Extradition of persons who have committed a crime

Section 2. CRIME

Commentary to Art. 14.1 Code of Administrative Offenses

1. The object of the offense is social relations arising in connection with the implementation of business activities.

Relations between persons engaged in entrepreneurial activities or with their participation are regulated by civil legislation based on the fact that entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law (clause 1, article 2 of the Civil Code of the Russian Federation).

State registration of legal entities and individual entrepreneurs are acts of the authorized federal executive body, carried out by entering into state registers information on the creation, reorganization and liquidation of legal entities, the acquisition by individuals of the status of an individual entrepreneur, the termination by individuals of activities as individual entrepreneurs, and other information on legal entities and individual entrepreneurs in accordance with Federal Law of August 8, 2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”.

According to Government Decree No. 319 of May 17, 2002, the Ministry of Taxes and Duties is the authorized federal executive body, carrying out state registration of legal entities from July 1, 2002, and from January 1, 2004 - state registration of individuals as individuals entrepreneurs, as well as state registration of peasant (farm) households.

Currently, in accordance with Presidential Decree No. 314 of March 9, 2004, after the entry into force of the relevant federal law, the Ministry of the Russian Federation for Taxes and Duties has been transformed into the Federal Tax Service.

Requirements for the preparation of documents used for state registration of legal entities, as well as individuals as individual entrepreneurs, were approved by Government Resolution No. 439 of June 19, 2002.

According to Art. 49 of the Civil Code of the Russian Federation, in order to engage in certain types of activities, a legal entity, in addition to state registration, must obtain a license. The basic provisions on licensing are established by Federal Law No. 128-FZ of August 8, 2001 “On licensing of certain types of activities.” In addition, certain laws (for example, the Law “On Education”, etc.) define certain types of activities that are subject to licensing.

In accordance with Art. 2 of the Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities,” a license is a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by a licensing authority to a legal entity or individual entrepreneur.

2. The objective side of this offense consists of carrying out business activities without state registration as an individual entrepreneur or legal entity (Part 1 of the commented article); carrying out business activities without a special permit (license), if such a permit (such license) is mandatory (mandatory) (part 2 of the commented article); carrying out business activities in violation of the conditions provided for by a special permit (license) (Part 3 of the commented article); carrying out business activities in gross violation of the conditions provided for by a special permit (license) (Part 4 of the commented article).

3. When qualifying an offense under Part 1 of the commented article, it should be taken into account that individual cases of the sale of goods, performance of work, provision of services by a person not registered as an individual entrepreneur do not constitute this administrative offense, provided that the quantity of goods, their range, the volumes of work performed, services provided and other circumstances do not indicate that this activity was aimed at systematically making a profit (clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 No. 18 “On some issues that arise for courts when applying Special part of the Administrative Code").

Evidence confirming the fact of engaging in entrepreneurial activity may include testimony from persons who paid for goods, work, services, receipts for receipt of funds, bank account statements of a person brought to administrative responsibility, acts of transfer of goods (performance of work, provision of services), if from These documents indicate that the funds were received for the sale of goods by these persons (performance of work, provision of services), placement of advertisements, display of samples of goods at points of sale, purchase of goods and materials, and conclusion of rental agreements for premises.

At the same time, the lack of profit does not affect the qualification of the offenses provided for in the commented article, since making a profit is the goal of entrepreneurial activity, and not its obligatory result.

In cases where, in the process of carrying out entrepreneurial activities without registration as an individual entrepreneur or legal entity, violations of other rules and norms are committed, liability for which is provided for by other norms of the Code of Administrative Offenses of the Russian Federation, the actions of the person should be qualified under Part 1 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation and the norm that establishes administrative liability for another offense. For example, if, in the course of illegal business activities, the storage, transportation or acquisition of unmarked goods and products for sales purposes is carried out, the actions of the person should be qualified under Part 1 of Art. 14.1 Code of Administrative Offenses of the Russian Federation and Part 2 of Art. 15.12 Code of Administrative Offenses of the Russian Federation; if there is an illegal sale of goods (other things), the free sale of which is prohibited or limited, the person’s actions are qualified under Part 1 of Art. 14.1 Code of Administrative Offenses of the Russian Federation and Art. 14.2 Code of Administrative Offenses of the Russian Federation; if goods are sold, work is performed or services are provided of inadequate quality or in violation of sanitary rules, then the person’s actions must be qualified under Part 1 of Art. 14.1 Code of Administrative Offenses of the Russian Federation and Art. 14.4 Code of Administrative Offenses of the Russian Federation; if the rules for the sale of certain types of goods are violated, then the person’s actions should be qualified under Part 1 of Art. 14.1 Code of Administrative Offenses of the Russian Federation and Art. 14.15 Code of Administrative Offenses of the Russian Federation.

4. When qualifying an offense under Part 2 of the commented article, it is necessary to proceed from the fact that licensing is an event related to the provision of licenses, re-issuance of documents confirming the availability of licenses, suspension of licenses in the event of administrative suspension of the activities of licensees for violation of licensing requirements and conditions, renewal or termination of licenses, cancellation of licenses, monitoring by licensing authorities of compliance by licensees when carrying out licensed activities with the relevant licensing requirements and conditions, maintaining registers of licenses, as well as providing interested parties with information from license registers and other information about licensing in the prescribed manner.

The list of executive authorities authorized to license a particular type of activity is determined by the Government, which approves the provisions on licensing specific types of activities (List of federal executive authorities carrying out licensing, approved by Government Resolution No. 45 of January 26, 2006).

When deciding whether a person’s actions contain signs of an administrative offense under Part 2 of Art. 14.1, it must be assumed that in accordance with paragraph. 3 p. 1 art. 49 of the Civil Code of the Russian Federation, the right to carry out activities for which a special permit (license) is required, arises from the moment the permit (license) is received or within the period specified therein and terminates upon expiration of its validity, unless otherwise provided, as well as in cases of suspension or revocation of permission (license).

From the point of view of the practical application of Part 2 of the commented article, the following example is not without interest. The Licensing Chamber of the Administration of the Primorsky Territory (hereinafter referred to as the Licensing Chamber) appealed to the Arbitration Court of the Primorsky Territory with an application to bring the open joint-stock company "Vladivostok Sea Fishing Port" (hereinafter referred to as the port) to administrative liability under Part 2 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation for carrying out activities for the procurement, processing and sale of scrap ferrous metals without the appropriate permit (license).

Based on the results of an inspection of the port’s activities, the Licensing Chamber drew up a protocol on an administrative offense, the objective side of which indicates the port’s procurement, processing and sale (collection, storage) of scrap ferrous metals without an appropriate license.

The requirement to have a license to carry out activities for the procurement, processing and sale of scrap ferrous metals applies to those legal entities for which such activity is the main one and includes collection, purchase, sorting, storage, selection, extraction, crushing, cutting, cutting , pressing, briquetting, remelting, as well as the sale or transfer of scrap ferrous metals for a fee or free of charge.

For the port, this activity was not the main one and was not carried out as such.

The port carried out loading and unloading operations on the basis of an agreement for the provision of services for unloading and loading scrap metal. The provision provided by the contract by the port to the company for the storage and storage of scrap ferrous metals was aimed at accumulating the necessary consignment of cargo for its further loading onto the ship and removal from the territory of the Russian Federation.

Thus, the placement of scrap ferrous metals at the specified port sites in this case should be considered as an element of the port’s main activities, for which it had the appropriate license.

5. When qualifying a person’s actions under Part 3 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation, it should be borne in mind that, in accordance with Art. 2 of the Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities”, carrying out business activities in violation of the conditions provided for by a special permit or license means engaging in a certain type of business activity on the basis of a special permit (license) by a person not fulfilling the licensing requirements and conditions established by the provisions on licensing specific types of activities, the fulfillment of which by the licensee is mandatory when carrying out such activities.

In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 24, 2006 N 18 “On some issues that arise for courts when applying the Special Part of the Code of Administrative Offences” in cases where administrative liability for carrying out business activities without a special permit (license) or in violation the conditions provided for therein in addition to the general rules contained in parts 2 and 3 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation, established by other articles of the Code of Administrative Offenses of the Russian Federation, the actions of a person are subject to qualification according to a special norm provided for by the Code of Administrative Offenses of the Russian Federation.

For example, engaging in private medical practice or private pharmaceutical activities by a person who does not have a license for this type of activity must be qualified under Part 1 of Art. 6.2 Code of Administrative Offenses of the Russian Federation; violation of the terms of licenses for carrying out activities in the field of industrial safety of hazardous production facilities - under Part 1 of Art. 9.1 Code of Administrative Offenses of the Russian Federation.

6. The subjects of this offense are citizens and legal entities, as well as officials.

7. The subjective side of the offense is characterized by guilt in the form of intent and negligence.

Section 2. CRIME

Chapter 3. CONCEPT OF CRIME AND TYPES OF CRIMES

Article 14 of the Criminal Code of the Russian Federation. Crime concept

Article 15 of the Criminal Code of the Russian Federation. Categories of crimes

Article 16 of the Criminal Code of the Russian Federation. Lost power

Article 17 of the Criminal Code of the Russian Federation. Set of crimes

Article 18 of the Criminal Code of the Russian Federation. Recidivism of crimes

Chapter 4. PERSONS SUBJECT TO CRIMINAL LIABILITY

Article 19 of the Criminal Code of the Russian Federation. General conditions of criminal liability

Article 20 of the Criminal Code of the Russian Federation. Age of criminal responsibility

Article 21 of the Criminal Code of the Russian Federation. Insanity

Article 22 of the Criminal Code of the Russian Federation. Criminal liability of persons with a mental disorder that does not exclude sanity

Article 23 of the Criminal Code of the Russian Federation. Criminal liability of persons who committed a crime while intoxicated

Chapter 5. WINE

Article 24 of the Criminal Code of the Russian Federation. Forms of guilt

Article 25 of the Criminal Code of the Russian Federation. Crime committed intentionally

Article 26 of the Criminal Code of the Russian Federation. Crime committed through negligence

Article 27 of the Criminal Code of the Russian Federation. Responsibility for a crime committed with two forms of guilt

Article 28 of the Criminal Code of the Russian Federation. Innocent mischief

Chapter 6. UNFINISHED CRIME

Article 29 of the Criminal Code of the Russian Federation. Completed and unfinished crimes

Article 30 of the Criminal Code of the Russian Federation. Preparation for a crime and attempted crime

Article 31 of the Criminal Code of the Russian Federation. Voluntary renunciation of crime

Chapter 7. Complicity in a crime

Article 32 of the Criminal Code of the Russian Federation. The concept of complicity in crime

Article 33 of the Criminal Code of the Russian Federation. Types of accomplices in crime

Article 34 of the Criminal Code of the Russian Federation. Liability of accomplices in crime

Article 35 of the Criminal Code of the Russian Federation. Committing a crime by a group of persons, a group of persons by prior conspiracy, an organized group or a criminal community (criminal organization)

Article 36 of the Criminal Code of the Russian Federation. Excess of the perpetrator of the crime

Chapter 8. CIRCUMSTANCES EXCLUDING THE CRIMINALITY OF THE ACT

Article 37 of the Criminal Code of the Russian Federation. Necessary defense

Article 38 of the Criminal Code of the Russian Federation. Causing harm when detaining a person who has committed a crime

Article 39 of the Criminal Code of the Russian Federation. Urgent necessity

Article 40 of the Criminal Code of the Russian Federation. Physical or mental coercion

Article 41 of the Criminal Code of the Russian Federation. Justified risk

Article 42 of the Criminal Code of the Russian Federation. Execution of an order or instruction

Section 3. PUNISHMENT

Concept and signs of crime

In Art. 14 of the Criminal Code of the Russian Federation a crime as “a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.”

Signs of a crime:

act (action or inaction);
public danger;
illegality;
guilt;
Punishability.

A crime is understood only as an act , that is, human behavior expressed in a certain objective form. Neither thoughts, nor intentions, nor goals of a person that have not found their outer expression and are not embodied in action can be considered a crime. The act acquires criminal legal significance, i.e. becomes a crime only if it has all four characteristics specified in the law.

Social danger is a material sign of a crime, meaning the ability of an act to cause significant harm to social relations placed under the protection of criminal law. Social danger has qualitative and quantitative characteristics.

The qualitative characteristics of public danger in the literature are called the nature of public danger. It means a typical characteristic of the social harmfulness of certain types of crimes (robbery, rape, tax evasion, etc.) and depends on the object of the attack, the form of guilt and the category of the crime committed.

The quantitative indicator of social danger is referred to in the literature as its degree. It is determined by the circumstances of the crime (for example, the degree of implementation of the criminal intent, the method of committing the crime, the amount of harm and the severity of the consequences, the role of the defendant in the commission of the crime, in complicity).

For a more complete understanding of the sign of public danger, it is necessary to understand the meaning of Part 2 of Art. 14 of the Criminal Code of the Russian Federation, which states: “An action (inaction), although formally containing signs of any act provided for by this Code, but due to its insignificance does not pose a public danger, is not a crime.” Disclosure of the meaning of the above norm requires two explanations:

To recognize an act as a crime, its formal similarity with a criminal offense described in one or another norm of the Special Part of the Criminal Code of the Russian Federation is not enough. Even with such similarity, the act may be considered insignificant (for example, the open theft of a student’s notebook), and therefore does not pose a public danger.
An act recognized as minor and therefore not criminal may entail administrative, disciplinary, civil or other legal or moral liability. Therefore, the law’s indication of the absence of public danger in such acts should be understood not in the sense of the absolute absence of public danger (as, for example, in the case of necessary defense), but in the sense that the social danger of acts recognized as insignificant does not reach the degree that is inherent in crimes .

Unlawfulness (criminal illegality) means that only an act that is directly prohibited by the norm of the Special Part of the Criminal Code of the Russian Federation (Part 1 of Article 14 of the Criminal Code of the Russian Federation) can be recognized as a crime. Application of criminal law by analogy is not allowed (Article 3).

Wrongfulness is a formal sign of a crime that cannot be considered in isolation from the social danger of the act. The criminal wrongfulness of an act is a subjective (at the legislative level) expression of the social danger of this act. Having identified the objectively existing social danger of an act and realizing the impossibility of effectively combating it without the use of criminal legal means, the state, represented by the legislative body, formulates a criminal legal ban on the commission of this type of act and establishes criminal punishment for its commission. On the other hand, an act prohibited by criminal law, due to a change in the nature of social relations or for other reasons, may at a certain stage lose its danger to society and then it is decriminalized, that is, the criminal legal ban on its commission is lifted.

Thus, social danger and illegality are two inseparable and interrelated characteristics (social and legal) of a crime.

Guilt as a sign of a crime directly follows from the principle of guilt enshrined in Art. 5 of the Criminal Code of the Russian Federation and prohibiting objective imputation, i.e., criminal liability for innocent causing of harm.

In accordance with Part 1 of Art. 24 of the Criminal Code of the Russian Federation, a person is found guilty of a crime if he has committed a socially dangerous and illegal act intentionally or through negligence. If the act was committed without guilt, i.e. without intent or negligence (accidentally), then, despite its objective social danger, it cannot be recognized as a crime and does not entail criminal liability (Part 1 of Article 28 of the Criminal Code of the Russian Federation).

Punishability means that for socially dangerous acts provided for by criminal law and committed culpably, a punishment may be imposed, established in the sanctions of the criminal law norm. In other words, punishability is the possibility of imposing punishment provided by law. This possibility is not realized in all cases of crime. Firstly, not every crime is recorded by law enforcement agencies. Secondly, not every reported crime is solved. Thirdly, in cases provided for by law, the person who committed the crime may be released from punishment. However, in these cases we are talking specifically about a crime, since the criminal law norm containing a description of this type of socially dangerous act provides for a certain punishment for its commission.

Thus, punishability should be understood not as a real punishment for a specific crime, but as the possibility established by law to apply punishment for each case of committing an act described in one or another norm of the Special Part of the Criminal Code of the Russian Federation.

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Section 3. PUNISHMENT

Chapter 9. CONCEPT AND PURPOSES OF PUNISHMENT. TYPES OF PUNISHMENTS

Article 43 of the Criminal Code of the Russian Federation. Concept and purposes of punishment

Article 44 of the Criminal Code of the Russian Federation. Types of punishment

Article 45 of the Criminal Code of the Russian Federation. Basic and additional types of punishments

Article 46 of the Criminal Code of the Russian Federation. Fine

Article 47 of the Criminal Code of the Russian Federation. Deprivation of the right to hold certain positions or engage in certain activities

Article 48 of the Criminal Code of the Russian Federation. Deprivation of a special, military or honorary title, class rank and state awards

Article 49 of the Criminal Code of the Russian Federation. Mandatory work

Article 50 of the Criminal Code of the Russian Federation. Correctional work

Article 51 of the Criminal Code of the Russian Federation. Restriction on military service

Article 52 of the Criminal Code of the Russian Federation. Lost power

Article 53 of the Criminal Code of the Russian Federation. Restriction of freedom

Article 54 of the Criminal Code of the Russian Federation. Arrest

Article 55 of the Criminal Code of the Russian Federation. Confinement in a disciplinary military unit

Article 56 of the Criminal Code of the Russian Federation. Imprisonment for a specified period

Article 57 of the Criminal Code of the Russian Federation. Life imprisonment

Article 58 of the Criminal Code of the Russian Federation. Assignment of a type of correctional institution to those sentenced to imprisonment

Article 59 of the Criminal Code of the Russian Federation. Death penalty (CURRENTLY PROHIBITED)

Chapter 10. ASSIGNMENT OF PUNISHMENT

Article 60 of the Criminal Code of the Russian Federation. General principles of sentencing

Article 61 of the Criminal Code of the Russian Federation. Circumstances mitigating punishment

Article 62 of the Criminal Code of the Russian Federation Imposition of punishment in the presence of mitigating circumstances

Article 63 of the Criminal Code of the Russian Federation. Aggravating circumstances

Article 63.1 of the Criminal Code of the Russian Federation. Assignment of punishment in case of violation of a pre-trial cooperation agreement

Article 64 of the Criminal Code of the Russian Federation. Imposing a more lenient punishment than provided for the crime

Article 65 of the Criminal Code of the Russian Federation. Assignment of punishment in case of a jury verdict of leniency

Article 66 of the Criminal Code of the Russian Federation. Assigning punishment for an unfinished crime

Article 67 of the Criminal Code of the Russian Federation. Assignment of punishment for a crime committed in complicity

Article 68 of the Criminal Code of the Russian Federation. Assignment of punishment for recidivism of crimes

Article 69 of the Criminal Code of the Russian Federation. Assignment of punishment for a set of crimes

Article 70 of the Criminal Code of the Russian Federation. Assignment of punishment based on cumulative sentences

Article 71 of the Criminal Code of the Russian Federation. The procedure for determining the terms of punishment when adding sentences

Article 72 of the Criminal Code of the Russian Federation. Calculation of sentence terms and offset of punishment

Article 73 of the Criminal Code of the Russian Federation. Conditional sentence

Article 74 of the Criminal Code of the Russian Federation. Cancellation of suspended sentence or extension of probation period

Section 4. EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT

Commentary on Article 14.1 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is social relations arising in connection with the implementation of business activities.

Relations between persons engaged in entrepreneurial activity or with their participation are regulated by civil legislation based on the fact that entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law (clause 1, article 2 of the Civil Code).

According to Article 49 of the Civil Code, in order to engage in certain types of activities, a legal entity, in addition to state registration, must obtain a license. The basic provisions on licensing are established by Federal Law No. 128-FZ of August 8, 2001 “On licensing of certain types of activities.” In addition, certain laws (for example, the Law “On Education”, etc.) define certain types of activities that are subject to licensing.

2. The objective side of this offense consists of carrying out business activities without state registration as an individual entrepreneur or legal entity (Part 1 of the commented article); carrying out business activities without a special permit (license), if such a permit (such license) is mandatory (mandatory) (part 2 of the commented article); carrying out business activities in violation of the conditions provided for by a special permit (license) (Part 3 of the commented Article 14.1 of the Code of Administrative Offenses of the Russian Federation); carrying out business activities in gross violation of the conditions provided for by a special permit (license) (Part 4 of the commented article).

In cases where, in the process of carrying out business activities without registration as an individual entrepreneur or legal entity, violations of other rules and norms are committed, liability for which is provided for by other norms of the Code of Administrative Offences, the actions of a person should be qualified under Part 1 of Art. 14.1 of the Administrative Code and the norm that establishes administrative liability for another offense. For example, if, in the course of illegal business activities, the storage, transportation or acquisition of unmarked goods and products for sales purposes is carried out, the actions of the person should be qualified under Part 1 of Art. 14.1 Code of Administrative Offenses and Part 2 of Art. 15.12 Code of Administrative Offences; if there is an illegal sale of goods (other things), the free sale of which is prohibited or limited, the person’s actions are qualified under Part 1 of Art. 14.1 Code of Administrative Offenses and Art. 14.2 Code of Administrative Offences; if goods are sold, work is performed or services are provided of inadequate quality or in violation of sanitary rules, then the person’s actions must be qualified under Part 1 of Art. 14.1 Code of Administrative Offenses and Art. 14.4 Code of Administrative Offences; if the rules for the sale of certain types of goods are violated, then the person’s actions should be qualified under Part 1 of Art. 14.1 Code of Administrative Offenses and Art. 14.15 Code of Administrative Offences.

When deciding whether a person’s actions contain signs of an administrative offense under Part 2 of Art. 14.1, it must be assumed that in accordance with paragraph. 3 p. 1 art. 49 of the Civil Code, the right to carry out activities for which it is necessary to obtain a special permit (license), arises from the moment of receipt of the permit (license) or within the period specified therein and terminates upon expiration of its validity, unless otherwise provided, as well as in cases of suspension or revocation of permission (license).

From the point of view of the practical application of Part 2 of the commented article, the following example is not without interest. The Licensing Chamber of the Administration of the Primorsky Territory (hereinafter referred to as the Licensing Chamber) appealed to the Arbitration Court of the Primorsky Territory with an application to bring the open joint-stock company "Vladivostok Sea Fishing Port" (hereinafter referred to as the port) to administrative liability under Part 2 of Art. 14.1 of the Administrative Code for carrying out activities for the procurement, processing and sale of scrap ferrous metals without the appropriate permit (license).

For the port, this activity was not the main one and was not carried out as such.

Thus, the placement of scrap ferrous metals at the specified port sites in this case should be considered as an element of the port’s main activities, for which it had the appropriate license.

5. When qualifying a person’s actions under Part 3 of Art. 14.1 of the Code of Administrative Offences, it should be borne in mind that, in accordance with Art. 2 of the Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities”, carrying out business activities in violation of the conditions provided for by a special permit or license means engaging in a certain type of business activity on the basis of a special permit (license) by a person not fulfilling the licensing requirements and conditions established by the provisions on licensing specific types of activities, the fulfillment of which by the licensee is mandatory when carrying out such activities.

In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 24, 2006 N 18 “On some issues that arise for courts when applying the Special Part of the Code of Administrative Offences” in cases where administrative liability for carrying out business activities without a special permit (license) or in violation the conditions provided for therein in addition to the general rules contained in parts 2 and 3 of Art. 14.1 of the Code of Administrative Offences, established by other articles of the Code of Administrative Offenses, the actions of a person are subject to qualification according to a special norm provided for by the Code of Administrative Offences.

For example, engaging in private medical practice or private pharmaceutical activities by a person who does not have a license for this type of activity must be qualified under Part 1 of Art. 6.2 Code of Administrative Offences; violation of the terms of licenses for carrying out activities in the field of industrial safety of hazardous production facilities - under Part 1 of Art. 9.1 Code of Administrative Offenses of the Russian Federation.

6. The subjects of this offense are citizens and legal entities, as well as officials.

7. The subjective side of the offense is characterized by guilt in the form of intent and negligence.

Section 4. EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT

Chapter 11. EXEMPTION FROM CRIMINAL LIABILITY

Article 75 of the Criminal Code of the Russian Federation. Exemption from criminal liability due to active repentance

Article 76 of the Criminal Code of the Russian Federation. Exemption from criminal liability due to reconciliation with the victim

Article 77 of the Criminal Code of the Russian Federation. Lost power

Article 78 of the Criminal Code of the Russian Federation. Exemption from criminal liability due to the expiration of the statute of limitations

Chapter 12. EXEMPTION FROM PUNISHMENT

Article 79 of the Criminal Code of the Russian Federation. Conditional early release from serving a sentence

Article 80 of the Criminal Code of the Russian Federation. Replacement of the unserved part of the sentence with a more lenient punishment

Article 80.1 of the Criminal Code of the Russian Federation. Exemption from punishment due to a change in situation

Article 81 of the Criminal Code of the Russian Federation. Exemption from punishment due to illness

Article 82 of the Criminal Code of the Russian Federation. Deferment of serving a sentence

Article 83 of the Criminal Code of the Russian Federation. Exemption from serving a sentence due to the expiration of the statute of limitations for a court conviction

Chapter 13. AMNESTY. PARDON. CRIMINAL RECORD

Article 84 of the Criminal Code of the Russian Federation. Amnesty

Article 85 of the Criminal Code of the Russian Federation. Pardon

Article 86 of the Criminal Code of the Russian Federation. Criminal record

Section 5. CRIMINAL LIABILITY OF MINORS

Section 5. CRIMINAL LIABILITY OF MINORS

Chapter 14. FEATURES OF CRIMINAL LIABILITY AND PUNISHMENT OF MINORS

Article 87 of the Criminal Code of the Russian Federation. Criminal liability of minors

Article 88 of the Criminal Code of the Russian Federation. Types of punishments imposed on minors

Article 89 of the Criminal Code of the Russian Federation. Sentencing a minor

Article 90 of the Criminal Code of the Russian Federation. Application of compulsory educational measures

Article 91 of the Criminal Code of the Russian Federation. Contents of compulsory educational measures

Article 92 of the Criminal Code of the Russian Federation. Exemption from punishment of minors

Article 93 of the Criminal Code of the Russian Federation. Conditional early release from serving a sentence

Article 94 of the Criminal Code of the Russian Federation. Limitation periods

Article 95 of the Criminal Code of the Russian Federation. Deadlines for expunging a criminal record

Article 96 of the Criminal Code of the Russian Federation. Application of the provisions of this chapter to persons aged eighteen to twenty years

Section 6. OTHER MEASURES OF A CRIMINAL LEGAL NATURE

Commentary to Art. 14 of the Criminal Code of the Russian Federation

1. In the theory of criminal law, there are two main approaches to defining the concept of a crime: formal and material-formal.

The first approach is that the concept of a crime indicates its formal characteristics, i.e. A crime is something that is prohibited by criminal law under penalty of punishment. However, this approach does not answer the question: why are these acts prohibited by criminal law? This answer is given in the material and formal concept, according to which a crime is recognized as a socially dangerous act committed guilty of guilt, prohibited by the Criminal Code under threat of punishment. Here, one concept links three sections of the Criminal Code: “Criminal Law”, “Crime”, “Punishment”. At the same time, the legislator refused to reflect a class characteristic in the concept of crime, because At present, the Russian state is not considered as an institution of political power of the economically dominant class.

2. The commented article indicates objective and subjective signs of a crime. The first include: the commission of an act, its social danger, illegality and punishability. Guilt is a subjective sign. This article does not talk about the object of the attack, whether the person has reached the age of criminal responsibility or sanity, since they do not reflect the essence of the crime.

3. The essence of the crime is the commission of a socially dangerous act. Only physical actions of a person or failure to perform certain actions are recognized as crimes. The intention to commit a crime, extremist, reactionary beliefs and sentiments, even if expressed in one form or another and becoming known to outsiders, should not be recognized as a crime.

The concept of “action” covers body movement, operation (a set of body movements, the ways in which an action is carried out), the action itself and activity (a system of acts of behavior). These structural elements form different levels of behavior, with one level acting as an independent “unit” of behavior at another, higher level. A crime, we repeat, is not only a person’s action, but also his inaction when the requirement of the law is not fulfilled, for example, failure to provide assistance to a patient (Article 124 of the Criminal Code), failure to fulfill the duties of raising a minor (Article 156 of the Criminal Code).

It should be noted that only a human act is recognized as a crime. The Criminal Code does not recognize criminal acts of states or legal entities. However, an analysis of international legal documents allows us to conclude that the subjects of international crimes can be states, as well as individuals acting on their behalf.

The concept of “action” does not cover its consequences. The basis of any criminal act is a motivated, physical movement controlled by consciousness or abstinence from it, and the consequence relates to the outside world. They cannot be combined in terms of cause and effect; The action is the cause, and the consequence is the result of the action performed.

4. Only a socially dangerous act is a crime. Social danger is the ability of an act to cause harm or create a threat of harm to an individual, organization, society or state. By encroaching on the interests of the individual and organization, the act thereby affects the interests of society, which is why it is called socially dangerous.

Public danger is a social and at the same time legal sign of a crime (it is also called a material sign). The essence of social danger is expressed in the fact that the act causes harm to established social relations or is capable of causing harm to them. Social danger is an objective property of a crime.

According to Art. 6 and part 3 of Art. 60 of the Criminal Code, the social danger of an act is determined by its nature (qualitative indicator) and degree (quantitative indicator).

The nature of the social danger of the act is determined by the value of the object that the criminal is encroaching on, as well as the form of his guilt. For example, attacks on human life and health differ significantly in the nature of public danger from crimes in the sphere of economic activity.

The degree of public danger of an act is determined by the amount of harm, the severity of the consequences, the method of carrying out the action, the degree of implementation of the criminal intention, the role of the person in the commission of the crime in complicity, the type of intent or negligence, etc.

The legislative assessment of the nature and degree of social danger of a crime is judged by sanctions. For example, unskilled theft is punishable by imprisonment for up to two years. The degree of its public danger increases if it is committed by a group of persons by prior conspiracy, with illegal entry into a premises or other storage facility, causing significant damage to a citizen. Such theft is punishable by imprisonment for up to five years.

The social danger of an act should not be determined by the properties of the person who committed the crime. Gender, age, official position and other characteristics of the subject of the crime do not in themselves pose a public danger. The social danger of an act must be distinguished from the social danger of an individual, which is manifested in the nature of the act, the severity of the consequences caused, the form and degree of guilt. An act cannot be declared criminal just because it was committed by a person who poses a danger to society. Otherwise, the principle of equality of citizens before the law will be violated and the reactionary theory of the “dangerous state of the individual” will be embodied in the law, according to which the main danger to society is not the act, but the subject - the “carrier of the dangerous state.”

5. The formal sign of a crime is illegality. It means prohibiting the commission of an act. If an act is not prohibited by the Criminal Code, then it is not a crime. From the range of socially dangerous acts, the legislator selects and declares criminal those actions (inactions) that pose a significant danger and require combating them through criminal legal means. The sign of criminal wrongfulness is closely related to the principle of legality, according to which the criminality of an act, as well as its punishability, are determined only by the Criminal Code. Application of criminal law by analogy is not allowed (Article 3 of the Criminal Code). The sign of criminal wrongfulness lies at the basis of criminal liability, which is the commission of an act containing all the elements of a crime provided for by the Criminal Code (Article 8 of the Criminal Code). If the act does not fall under the elements of a crime, then it is not illegal. For example, the case of open seizure of someone else's property without a selfish purpose cannot be classified as robbery.

6. The concept of crime includes a sign of guilt. An indication of it is consistent with the principle of guilt, according to which a person is subject to criminal liability only for those socially dangerous acts and the resulting consequences for which his guilt has been established (Article 5 of the Criminal Code). If a person did not realize the socially dangerous nature of his behavior, did not foresee the possibility or inevitability of socially dangerous consequences, could not and should not have foreseen them, then his criminal liability is excluded. Punishment of this person would be meaningless from the point of view of his correction and prevention of the commission of new crimes. Therefore, criminal liability for innocent causing of harm (i.e. objective imputation) is not allowed (Part 2 of Article 5 of the Criminal Code).

7. Article 14 names another sign of a crime - punishability. Punishability means that every crime carries a criminal penalty. At the same time, under circumstances provided for by criminal law, a person may be released from criminal liability and punishment. In this regard, some lawyers believe that punishability is not a sign of a crime, but its consequence.

8. In accordance with Part 2 of Art. 14, an act is not a crime, although formally it contains signs of any crime provided for by the Criminal Code, but due to its insignificance does not pose a public danger. To recognize an act as insignificant, it is necessary to be guided by two criteria: objective and subjective. An objective criterion indicates that the act does not pose a public danger due to its insignificance. The insignificance of the act means that it did not cause or create a threat of causing significant harm to the object of criminal legal protection. Criminal law protects public relations from causing significant harm to them. If the act formally contains elements of a crime, but is insignificant in its content, then the criminal liability of the person is excluded. So, theft of someone else's property worth less than 1000 rubles. is petty and entails liability under Art. 7.27 Code of Administrative Offenses of the Russian Federation.

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BVS RF. 2000. N 9. P. 7.

The subjective criterion requires that the person’s intent was aimed at committing a minor act. The characteristics of the subject of the crime (minority, official position, etc.) should not influence the decision on the insignificance of the act committed by him, since according to Part 2 of Art. 14 it is necessary to evaluate the social danger (insignificance) of the act, and not the individual. In addition, the solution of this issue depending on the characteristics of the individual violates the principle of equality of citizens before the law, enshrined in Art. 4 CC.

Section 6. OTHER MEASURES OF A CRIMINAL LEGAL NATURE

Chapter 15. COMPULSIVE MEASURES OF A MEDICAL NATURE

Article 97 of the Criminal Code of the Russian Federation. Grounds for applying compulsory medical measures

Article 98 of the Criminal Code of the Russian Federation. Purposes of using compulsory medical measures

Article 99 of the Criminal Code of the Russian Federation. Types of compulsory medical measures

Article 100 of the Criminal Code of the Russian Federation. Outpatient compulsory observation and treatment by a psychiatrist

Article 101 of the Criminal Code of the Russian Federation. Compulsory treatment in a psychiatric hospital

Article 102 of the Criminal Code of the Russian Federation. Extension, modification and termination of the application of compulsory medical measures

Article 103 of the Criminal Code of the Russian Federation. Counting the time of application of compulsory medical measures

Article 104 of the Criminal Code of the Russian Federation. Compulsory medical measures combined with the execution of punishment

Chapter 15.1. CONFISCATION OF PROPERTY

Article 104.1 of the Criminal Code of the Russian Federation. Confiscation of property

Article 104.2 of the Criminal Code of the Russian Federation. Confiscation of a sum of money in exchange for property

Article 104.3 of the Criminal Code of the Russian Federation. Compensation for damage caused

Section 7. CRIMES AGAINST PERSON

Section 7. CRIMES AGAINST PERSON

Chapter 16. CRIMES AGAINST LIFE AND HEALTH

Article 105 of the Criminal Code of the Russian Federation. Murder

Article 106 of the Criminal Code of the Russian Federation. Murder of a newborn child by a mother

Article 107 of the Criminal Code of the Russian Federation. Murder committed in the heat of passion

Article 108 of the Criminal Code of the Russian Federation. Murder committed by exceeding the limits of necessary defense or by exceeding the measures necessary to apprehend the person who committed the crime

Article 109 of the Criminal Code of the Russian Federation. Causing death by negligence

Article 110 of the Criminal Code of the Russian Federation. Drive to suicide

Article 111 of the Criminal Code of the Russian Federation. Intentional infliction of grievous bodily harm

Article 112 of the Criminal Code of the Russian Federation. Intentional infliction of moderate harm to health

Article 113 of the Criminal Code of the Russian Federation. Causing grievous or moderate harm to health in a state of passion

Article 114 of the Criminal Code of the Russian Federation. Causing serious or moderate harm to health by exceeding the limits of necessary defense or by exceeding the measures necessary to detain a person who has committed a crime

Article 115 of the Criminal Code of the Russian Federation. Intentional infliction of minor bodily harm

Article 116 of the Criminal Code of the Russian Federation. Beatings

Article 117 of the Criminal Code of the Russian Federation. Torture

Article 118 of the Criminal Code of the Russian Federation. Causing grievous bodily harm through negligence

Article 119 of the Criminal Code of the Russian Federation. Threat of death or serious bodily harm

Article 120 of the Criminal Code of the Russian Federation. Forcing the removal of human organs or tissues for transplantation

Article 121 of the Criminal Code of the Russian Federation. Infection with a venereal disease

Article 122 of the Criminal Code of the Russian Federation. HIV infection

Article 123 of the Criminal Code of the Russian Federation. Illegal abortion

Article 124 of the Criminal Code of the Russian Federation. Failure to provide assistance to a patient

Article 125 of the Criminal Code of the Russian Federation. Left in danger

Chapter 17. CRIMES AGAINST FREEDOM, HONOR AND DIGNITY OF PERSONALITY

Article 126 of the Criminal Code of the Russian Federation. Kidnapping

Article 127 of the Criminal Code of the Russian Federation. Unlawful imprisonment

Article 127.1 of the Criminal Code of the Russian Federation. Human trafficking

Article 127.2 of the Criminal Code of the Russian Federation. Use of slave labor

Article 128 of the Criminal Code of the Russian Federation. Illegal placement in a psychiatric hospital

Article 129 of the Criminal Code of the Russian Federation. Slander

Article 130 of the Criminal Code of the Russian Federation. Insult

Chapter 18. CRIMES AGAINST SEXUAL INTEGRITY AND SEXUAL FREEDOM OF AN INDIVIDUAL

Article 131 of the Criminal Code of the Russian Federation. Rape

Article 132 of the Criminal Code of the Russian Federation. Sexual assault

Article 133 of the Criminal Code of the Russian Federation. Compulsion to perform sexual acts

Article 134 of the Criminal Code of the Russian Federation. Sexual intercourse and other acts of a sexual nature with a person under sixteen years of age

Article 135 of the Criminal Code of the Russian Federation. Depraved acts

Chapter 19. CRIMES AGAINST THE CONSTITUTIONAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS

Article 136 of the Criminal Code of the Russian Federation. Violation of equality of rights and freedoms of man and citizen

Article 137 of the Criminal Code of the Russian Federation. Violation of privacy

Article 138 of the Criminal Code of the Russian Federation. Violation of the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages

Article 139 of the Criminal Code of the Russian Federation. Violation of the inviolability of the home

Article 140 of the Criminal Code of the Russian Federation. Refusal to provide information to a citizen

Article 141 of the Criminal Code of the Russian Federation. Obstruction of the exercise of voting rights or the work of election commissions

Article 141.1 of the Criminal Code of the Russian Federation. Violation of the procedure for financing the election campaign of a candidate, electoral association, activities of the initiative group for holding a referendum, or another group of referendum participants

Article 142 of the Criminal Code of the Russian Federation. Falsification of election documents, referendum documents

Article 142.1 of the Criminal Code of the Russian Federation. Falsification of voting results

Article 143 of the Criminal Code of the Russian Federation. Violation of labor safety rules

Article 144 of the Criminal Code of the Russian Federation. Obstruction of the legitimate professional activities of journalists

Article 145 of the Criminal Code of the Russian Federation. Unreasonable refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under three years of age

Article 145.1 of the Criminal Code of the Russian Federation. Non-payment of wages, pensions, scholarships, benefits and other payments

Article 146 of the Criminal Code of the Russian Federation. Violation of copyright and related rights

Article 147 of the Criminal Code of the Russian Federation. Infringement of inventive and patent rights

Article 148 of the Criminal Code of the Russian Federation. Obstruction of the exercise of the right to freedom of conscience and religion

Article 149 of the Criminal Code of the Russian Federation. Obstructing an assembly, rally, demonstration, procession, picketing or participation in them

Chapter 20. CRIMES AGAINST THE FAMILY AND MINORS

Article 150 of the Criminal Code of the Russian Federation. Involving a minor in committing a crime

Article 151 of the Criminal Code of the Russian Federation. Involving a minor in committing antisocial acts

Article 151.1 of the Criminal Code of the Russian Federation. Retail sale of alcoholic beverages to minors

Article 152 of the Criminal Code of the Russian Federation. Lost power

Article 153 of the Criminal Code of the Russian Federation. Child switching

Article 154 of the Criminal Code of the Russian Federation. Illegal adoption

Article 155 of the Criminal Code of the Russian Federation. Disclosure of the secret of adoption

Article 156 of the Criminal Code of the Russian Federation. Failure to fulfill obligations to raise a minor

Article 157 of the Criminal Code of the Russian Federation. Malicious evasion of payment of funds for the maintenance of children or disabled parents

Section 8. ECONOMIC CRIMES

Commentary on Article 14 of the Criminal Code of the Russian Federation

1. The formal definition of a crime is based on the illegality of the behavior carried out: NULLum crimen, NULLa poena, sine lege (no crime, no punishment unless indicated in the law). In other words, the essence of a crime comes down to its normative understanding, that which is enshrined in criminal law and punishable.

2. The material definition of a crime is based on the social danger of the behavior of the guilty person. Only that act is recognized as a crime that is socially dangerous.

3. Part 1 comment. The article establishes a formal and material definition of the crime. An indication of the prohibition of the corresponding act of the Criminal Code of the Russian Federation under the threat of punishment characterizes the concept of a crime from the formal side, and a reference to the social danger of the act recognized as a crime and its guilty commission characterizes the concept of a crime from the material side.

4. The presence in the legislative definition of a crime of an indication of its formal characteristics emphasizes the fact that, according to domestic criminal law, recognition of a crime by analogy with the law is not allowed and thereby contributes to the establishment of legality in the fight against crime.

5. The presence in the concept of a crime of an indication of its material characteristics (social danger and guilt) prevents the possibility of bringing to criminal justice a person who has committed a minor unlawful act, formally falling under one or another article of the Special Part of the Criminal Code, but not representing a significant public danger, and if we proceed from the terminology of the legislation on administrative offenses (Article 2.1 of the Code of Administrative Offenses) - not posing a public danger at all.

5.1. The fact that an act that does not pose a public danger is not criminal is also enshrined in Part 2 of the commentary. articles.

5.2. In addition to the fact that the signs of the committed act must formally correspond to the signs described in the disposition of the article of the Special Part of the Criminal Code, for the application of this part of the article it is necessary to have objective and subjective conditions.

The objective condition is minor actual harm caused as a result of the committed act.

The subjective condition is the desire of the guilty person to cause minor harm through his act. With unspecified intent, the act cannot be insignificant.

5.3. The small amount of harm caused is the main limiter of minor harm from criminal harm. If the act is considered insignificant, then the initiation of criminal proceedings should be refused, but if the case has already been initiated, then it should be terminated due to the lack of corpus delicti in the act. In this case, we may not be talking about a crime, but about an administrative offense (for example, Article 158 of the Criminal Code of the Russian Federation and Article 7.27 of the Code of Administrative Offenses; Article 213 of the Criminal Code of the Russian Federation and Article 20.1 of the Code of Administrative Offenses).

6. From the comment formulated in part 1. Articles of definition can highlight the following main features of a crime: guilt, public danger, prohibition, punishability.

6.1. The guilt of a person who has committed a criminal act is determined by his intentional or careless attitude towards his own behavior, responsibility for which is provided for by the Criminal Code of the Russian Federation (see commentary to Articles 25 and 26). Behavior that is not controlled by a person’s consciousness cannot be considered criminal (see commentary to Part 3 of Article 20, Article 21). Innocent causing of harm indicates an incident and cannot entail a criminal offense (see commentary to Article 28).

No one can be found guilty of committing a crime until his guilt is proven in the manner prescribed by the Federal Law and established by a court verdict that has entered into legal force (Article 49 of the Constitution, Article 5 of the Criminal Code).

6.2. The social danger of an act should be understood as its property (or ability) to cause significant harm to legally protected social relations (values, benefits) or put them at risk of causing such harm.

The social danger of an act has qualitative and quantitative sides.

The qualitative side is determined by the nature of the social danger of the crime. The nature of the public danger depends on the object of the criminal encroachment established by the law enforcement officer, the form of guilt and the classification of the criminal act by the Criminal Code of the Russian Federation into the corresponding category of crimes (see paragraph 3 of paragraph 1 of the no longer in force Resolution of the Plenum of the Armed Forces of the Russian Federation No. 40).

The quantitative side is determined by the degree of public danger of the crime. The degree of public danger is characterized by the circumstances of the crime, namely the amount of harm caused, the severity of the consequences, the degree of implementation of the criminal intent, the method of committing the crime, the role of the perpetrator in complicity in the crime, the category of the person (persons) who committed the act (see also paragraph 3, paragraph. 1 of the no longer in force Resolution of the Plenum of the Armed Forces of the Russian Federation No. 40).

6.3. The prohibition of an act committed means the criminally unlawful nature of an action or inaction performed by a person, such behavior that contradicts accepted norms in society and is declared by criminal law to be a crime of one gravity or another, i.e. provided for by the relevant article or articles of the Criminal Code of the Russian Federation. In other words, this sign determines the place of a criminal act in the Criminal Code and shows the legal expression of a public danger.

6.4. The criminal punishability of an act means the establishment by criminal law of punishment for its commission, in other words, the enshrinement in the Criminal Code of the Russian Federation of the threat of punishment for unlawful behavior. The threat of punishment for an act implies that any criminal law defining behavior as a crime must have a sanction of the type and size that is necessary to prevent the commission of new crimes, restore social justice, and correct the guilty person.

7. All of the listed signs of a crime are expressed in the corresponding behavior of the guilty person - his socially dangerous act. Only an act can be guilty and socially dangerous (along with the person who committed it), prohibited and punishable.

8. A socially dangerous act means both a single action or inaction of a certain person or several persons, and a more or less prolonged activity of a person or several persons. At the same time, an act in criminal law is understood not only as the conscious volitional behavior of a person, but also as a socially dangerous consequence that occurs as a result of such behavior, i.e. crime in general.

8.1. Volitional behavior means its implementation at one’s own request (not under physical or mental irresistible coercion - from another person, natural forces, animals, disease processes, or other objective factors).

8.2. A criminally unlawful action is a conscious, volitional, active socially dangerous behavior. Active behavior can be expressed by physical movement (stabbing with a knife, pressing the trigger of a pistol, etc.), verbally (uttering insults, slanderous fabrications, etc.) or by gesturing (conclusively). The latter type of action is most widespread in cases of complicity in the commission of a crime.

8.3. Criminally unlawful inaction is conscious, volitional, passive socially dangerous behavior. Passive behavior can be expressed in omission, as well as in pure or mixed inaction.

8.4. Passive criminal behavior refers to a refusal to act that has social significance. In other words, the person was obliged to act, but in fact is inactive. Such an obligation is determined both by the provisions of the Criminal Code and other regulatory legal acts.

The obligation to act may arise from: a) from family relations (for example, the obligation of a parent to support a minor or disabled child - Article 157); b) from the performance of professional or official functions (for example, the duty of a doctor to provide assistance to a patient - Article 124); c) from the obligations assumed (for example, the obligation to care for a minor or infirm person - Article 125); d) due to the dangerous behavior of a person (for example, the duty of a driver who has hit a pedestrian on the roadway to provide assistance to the victim - Article 125).

9. Everything that is not related to the expression of human behavior in a social environment, i.e. thoughts, ideas or beliefs cannot be considered a crime.

10. The concepts of “crime” and “crime” should not be confused.

10.1. Crime reflects the totality of crimes committed during a specified period of time, in a certain territory, by relevant persons, for certain reasons, etc. In other words, this concept contains a mass description of crimes according to any one or more of the listed criteria. A crime is an act of specific unlawful behavior by an individual(s).

10.2. The phenomenon of crime is undoubtedly more dangerous than one crime, both because it consists of many crimes, and because it causes greater harm to legally protected interests, extends to a larger circle of persons and has a longer duration.

10.3. The study of a crime is based on the considered signs: guilt, social danger, prohibition, punishability. Crime, being a relatively massive, historically transient, socio-legal phenomenon, which is a set of crimes and the persons who committed them in a certain place and at a certain time, is characterized by the following characteristics: a) mass character; b) historical variability (in terms of dynamics, structure, level, etc.); c) sociality, which consists of conscious, volitional acts of members of society and affects the interests not of an individual, but of the whole society (a large circle of people); d) legal affiliation, which is expressed in the consolidation of episodes of crime in criminal law (causing more significant harm).

Section 8. ECONOMIC CRIMES

Chapter 21. CRIMES AGAINST PROPERTY

Article 158 of the Criminal Code of the Russian Federation. Theft

Article 159 of the Criminal Code of the Russian Federation. Fraud

Article 160 of the Criminal Code of the Russian Federation. Misappropriation or embezzlement

Article 161 of the Criminal Code of the Russian Federation. Robbery

Article 162 of the Criminal Code of the Russian Federation. Robbery

Article 163 of the Criminal Code of the Russian Federation. Extortion

Article 164 of the Criminal Code of the Russian Federation. Theft of items of special value

Article 165 of the Criminal Code of the Russian Federation. Causing property damage by deception or breach of trust

Article 166 of the Criminal Code of the Russian Federation. Wrongful taking of a car or other means of transport without the purpose of theft

Article 167 of the Criminal Code of the Russian Federation. Intentional destruction or damage to property

Article 168 of the Criminal Code of the Russian Federation. Destruction or damage to property due to negligence

Chapter 22. CRIMES IN THE FIELD OF ECONOMIC ACTIVITY

Article 169 of the Criminal Code of the Russian Federation. Obstruction of legitimate business or other activities

Article 170 of the Criminal Code of the Russian Federation. Registration of illegal land transactions

Article 170.1 of the Criminal Code of the Russian Federation. Falsification of the unified state register of legal entities, the register of securities owners or the depository accounting system

Article 171 of the Criminal Code of the Russian Federation. Illegal business

Article 171.1 of the Criminal Code of the Russian Federation. Production, acquisition, storage, transportation or sale of unmarked goods and products

Article 171.2 of the Criminal Code of the Russian Federation. Illegal organization and conduct of gambling

Article 172 of the Criminal Code of the Russian Federation. Illegal banking activities

Article 173 of the Criminal Code of the Russian Federation. Lost power

Article 174 of the Criminal Code of the Russian Federation. Legalization (laundering) of funds or other property acquired by other persons through criminal means

Article 174.1 of the Criminal Code of the Russian Federation. Legalization (laundering) of funds or other property acquired by a person as a result of committing a crime

Article 175 of the Criminal Code of the Russian Federation. Acquisition or sale of property known to have been obtained by criminal means

Article 176 of the Criminal Code of the Russian Federation. Illegally obtaining a loan

Article 177 of the Criminal Code of the Russian Federation. Malicious evasion of repayment of accounts payable

Article 178 of the Criminal Code of the Russian Federation. Preventing, restricting or eliminating competition

Article 179 of the Criminal Code of the Russian Federation. Coercion to complete a transaction or to refuse to complete it

Article 180 of the Criminal Code of the Russian Federation. Illegal use of a trademark

Article 181 of the Criminal Code of the Russian Federation. Violation of the rules for the manufacture and use of state hallmarks

Article 182 of the Criminal Code of the Russian Federation. Lost power

Article 183 of the Criminal Code of the Russian Federation. Illegal receipt and disclosure of information constituting commercial, tax or banking secrets

Article 184 of the Criminal Code of the Russian Federation. Bribery of participants and organizers of professional sports competitions and spectacular commercial competitions

Article 185 of the Criminal Code of the Russian Federation. Abuses in the issuance of securities

Article 185.1 of the Criminal Code of the Russian Federation. Malicious evasion of disclosure or provision of information as defined by the legislation of the Russian Federation on securities

Article 185.2 of the Criminal Code of the Russian Federation. Violation of the procedure for recording rights to securities

Article 185.3 of the Criminal Code of the Russian Federation. Market manipulation

Article 185.4 of the Criminal Code of the Russian Federation. Obstruction or illegal restriction of the rights of securities holders

Article 185.5 of the Criminal Code of the Russian Federation. Falsification of a decision of the general meeting of shareholders (participants) of a business company or a decision of the board of directors (supervisory board) of a business company

Article 185.6 of the Criminal Code of the Russian Federation. Illegal use of insider information

Article 186 of the Criminal Code of the Russian Federation. Manufacturing, storing, transporting or selling counterfeit money or securities

Article 187 of the Criminal Code of the Russian Federation. Production or sale of counterfeit credit or payment cards and other payment documents

Article 188 of the Criminal Code of the Russian Federation. Smuggling

Article 189 of the Criminal Code of the Russian Federation. Illegal export or transfer of raw materials, materials, equipment, technologies, scientific and technical information, illegal performance of work (provision of services) that can be used in the creation of weapons of mass destruction, weapons and military equipment

Article 190 of the Criminal Code of the Russian Federation. Non-return to the territory of the Russian Federation of objects of artistic, historical and archaeological property of the peoples of the Russian Federation and foreign countries

Article 191 of the Criminal Code of the Russian Federation. Illicit trafficking in precious metals, natural gemstones or pearls

Article 192 of the Criminal Code of the Russian Federation. Violation of the rules for the delivery of precious metals and precious stones to the state

Article 193 of the Criminal Code of the Russian Federation. Non-return of funds in foreign currency from abroad

Article 194 of the Criminal Code of the Russian Federation. Evasion of customs duties levied on an organization or individual

Article 195 of the Criminal Code of the Russian Federation. Illegal actions in bankruptcy

Article 196 of the Criminal Code of the Russian Federation. Deliberate bankruptcy

Article 197 of the Criminal Code of the Russian Federation. Fictitious bankruptcy

Article 198 of the Criminal Code of the Russian Federation. Evasion of taxes and (or) fees from an individual

Article 199 of the Criminal Code of the Russian Federation. Evasion of taxes and (or) fees from an organization

Article 199.1 of the Criminal Code of the Russian Federation. Failure to fulfill the duties of a tax agent

Article 199.2 of the Criminal Code of the Russian Federation. Concealment of funds or property of an organization or individual entrepreneur, at the expense of which taxes and (or) fees should be collected

Article 200 of the Criminal Code of the Russian Federation. Lost power

Chapter 23. CRIMES AGAINST THE INTERESTS OF SERVICE IN COMMERCIAL AND OTHER ORGANIZATIONS

Article 201 of the Criminal Code of the Russian Federation. Abuse of power

Article 202 of the Criminal Code of the Russian Federation. Abuse of powers by private notaries and auditors

Article 203 of the Criminal Code of the Russian Federation. Excess of authority by a private detective or an employee of a private security organization holding a private security guard certificate when performing their official duties

Article 204 of the Criminal Code of the Russian Federation. Commercial bribery

Section 9. CRIMES AGAINST PUBLIC SAFETY AND PUBLIC ORDER

The concept of a crime (Article 14 of the Criminal Code of the Russian Federation)

In Art. 14 of the Criminal Code of the Russian Federation defines a crime as “a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.”

1. An action (inaction), although formally containing signs of any act provided for by this Code, but due to its insignificance, does not pose a public danger (harm. Federal Law of June 25, 1998 No. 92-FZ), is not a crime.

1. To recognize an act as a crime, its formal similarity with the criminal offense described in one or another norm of the Special Part of the Criminal Code of the Russian Federation is not enough. Even with such similarity, the act may be considered insignificant (for example, the open theft of a student’s notebook), and therefore does not pose a public danger.

2. An act recognized as minor and therefore not criminal may entail administrative, disciplinary, civil or other legal or moral liability. Therefore, the law’s indication of the absence of public danger in such acts should be understood not in the sense of the absolute absence of public danger (as, for example, in the case of necessary defense), but in the sense that the public danger of acts recognized as minor does not reach the degree that is inherent in crimes .

Signs of a crime:

· act (action or inaction);

· public danger;

· illegality;

· guilt;

· Punishability.

A crime is understood only as an act, that is, human behavior expressed in a certain objective form. Neither thoughts, nor intentions, nor goals of a person, which have not found their external expression, have not been embodied in action, can be recognized as a crime . The act acquires criminal legal significance, i.e. becomes a crime only if it has all four characteristics specified in the law .

Illegal behavior can be expressed both in active activity and in inaction of a person in cases where the law imposed an obligation on him to act. Inaction

has criminal legal significance only if the person was obliged and had a real opportunity to perform a certain action. The concept of an act in Art. 14 of the Criminal Code covers both socially dangerous action (inaction) and its harmful consequences.

Social danger is a material sign of a crime, meaning the ability of an act to cause significant harm to social relations placed under the protection of criminal law. Social danger has qualitative and quantitative characteristics.

The qualitative characteristics of public danger in the literature are called the nature of public danger . It means a typical characteristic of the social harmfulness of certain types of crimes (robbery, rape, tax evasion, etc.) and depends on the object of the attack, the form of guilt and the category of the crime committed.

The quantitative indicator of social danger is referred to in the literature as its degree . It is determined by the circumstances of the crime (for example, the degree of implementation of the criminal intent, the method of committing the crime, the amount of harm and the severity of the consequences, the role of the defendant in the commission of the crime, in complicity).

Unlawfulness indicates that the person who committed the crime violated the prohibition contained in the criminal law. If a person commits an act not provided for by criminal law, it cannot be considered a crime even if there is a gap in the law. The criminal law prohibition is established only by the Criminal Code, since it is the only source of criminal law. A mandatory component of criminal wrongfulness is the presence in the criminal law norm of a sanction, which contains the threat of applying a punishment of a certain type and amount in the event of committing an act provided for by law.

Public danger —

a sign of a crime expressing its material essence. It means that the act causes or creates a threat of harm to social relations protected by criminal law. Social danger is an objective property of a crime. Crimes are acts that are dangerous to the individual, society and the state.

The nature of the public danger is determined, first of all, by the social relations on which the attack was committed, that is, by the object of the crime. When determining the degree of public danger, a number of factors should be taken into account: the severity of the consequences caused, the characteristics of the offense (whether it was completed or not, committed alone or in complicity, what method was used to commit the crime, etc.), the nature of the guilt, the characteristics of the subject of the crime , i.e. specific manifestations of signs of a crime.

Guilt in the criminal legal sense presupposes a certain mental attitude of a person to his behavior and its consequences. Guilt is possible only in the presence of those forms of guilt that are defined by law (Article 24 of the Criminal Code): intent (direct and indirect) - Art. 25 of the Criminal Code or negligence (frivolity or negligence) - Art. 26 of the Criminal Code.

Punishability as a sign of a crime is understood as the possibility of assigning punishment for the commission of each crime, the threat of punishment in case of violation of a criminal law norm.

Part 2 Art. 14 of the Criminal Code gives the concept of insignificance of an act. The meaning of Part 2 of Art. 14 is that only an act that has a high degree of public danger characteristic of criminal law can be recognized as a crime. In the case of only a formal coincidence of the signs of the committed act with the signs described in the law, in the absence of the possibility of causing significant harm to protected social relations, the act should not be considered as a crime in the absence of one of its signs - social danger. The act in such cases has only a minor degree of public danger, which does not reach the level characteristic of crimes. In such cases, a criminal case cannot be initiated, and once the case has been initiated, it must be terminated due to the absence of corpus delicti in the act.

An act may be considered minor, and the person who committed it may not be subject to criminal liability if, for example, the damage caused is insignificant (theft of a low-value item, damage to property, if its restoration does not require significant costs).

Of particular importance in the theory of Russian criminal law and in law enforcement activities is the distinction between crimes themselves and other types of offenses. This is necessary in order, firstly, to clearly limit the range of acts that fall under the scope of criminal law; secondly, to determine what kind of act was committed by a specific person, and in accordance with this, implement the basic provisions of the branch of law within the scope of which it falls.

Minor acts should be distinguished from circumstances excluding the criminality of the act provided for in Art. 37-42 CC. Minor acts are not criminal, but have a certain (low) degree of public danger. The social nature of the circumstances that exclude the criminality of an act is such that they are socially useful or socially neutral.

In this regard, it should be noted that the following offenses are most similar:

1) disciplinary offenses (violations of state and official discipline, entailing disciplinary sanctions) and crimes against the interests of service in commercial and other organizations (Chapter 23 of the Criminal Code of the Russian Federation), against state power, the interests of civil service and service in local governments (Chapter 30 of the Criminal Code RF), as well as those directed against military service (Chapter 33 of the Criminal Code of the Russian Federation);

2) civil torts (violations of the requirements of civil legislation) and crimes against property (Chapter 21 of the Criminal Code of the Russian Federation), as well as some crimes in the field of economic activity (Chapter 22 of the Criminal Code of the Russian Federation);

3) administrative offenses (provided for by administrative legislation) and some crimes in the field of economic activity (Chapter 22 of the Criminal Code of the Russian Federation), directed against public safety and public order (Section IX of the Criminal Code of the Russian Federation), as well as against the order of management (Chapter 32 of the Criminal Code of the Russian Federation).

The distinction between these types of offenses is made on two grounds.

1) the nature of the public danger (material criterion);

2) type of illegality (formal criterion).

In Art. 14 of the Criminal Code of the Russian Federation defines a crime as “a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.”

Signs of a crime:

· act (action or inaction);

· public danger;

· illegality;

· guilt;

· Punishability.

Illegal behavior can be expressed both in active activity and in inaction of a person in cases where the law imposed an obligation on him to act. Inaction

Public danger —

Punishability as a sign of a crime is understood as the possibility of assigning punishment for the commission of each crime, the threat of punishment in case of violation of a criminal law norm.

In this regard, it should be noted that the following offenses are most similar:

The distinction between these types of offenses is made on two grounds.

1) the nature of the public danger (material criterion);

2) type of illegality (formal criterion).

Section 9. CRIMES AGAINST PUBLIC SAFETY AND PUBLIC ORDER

Chapter 24. CRIMES AGAINST PUBLIC SAFETY

Article 205 of the Criminal Code of the Russian Federation. Terrorist act

Article 205.1. Promotion of terrorist activities

Article 205.2 of the Criminal Code of the Russian Federation. Public calls for terrorist activities or public justification of terrorism

Article 206 of the Criminal Code of the Russian Federation. Hostage taking

Article 207 of the Criminal Code of the Russian Federation. Knowingly false report of an act of terrorism

Article 208 of the Criminal Code of the Russian Federation. Organization of an illegal armed group or participation in it

Article 209 of the Criminal Code of the Russian Federation. Banditry

Article 210 of the Criminal Code of the Russian Federation. Organization of a criminal community (criminal organization) or participation in it (it)

Article 211 of the Criminal Code of the Russian Federation. Theft of an air or water transport vessel or railway rolling stock

Article 212 of the Criminal Code of the Russian Federation. Mass riots

Article 213 of the Criminal Code of the Russian Federation. Hooliganism

Article 214 of the Criminal Code of the Russian Federation. Vandalism

Article 215 of the Criminal Code of the Russian Federation. Violation of safety rules at nuclear energy facilities

Article 215.1 of the Criminal Code of the Russian Federation. Stopping or limiting the supply of electrical energy or disconnecting from other sources of life support

Article 215.2 of the Criminal Code of the Russian Federation. Rendering life support facilities unusable

Article 215.3 of the Criminal Code of the Russian Federation. Destruction of oil pipelines, oil product pipelines and gas pipelines

Article 216 of the Criminal Code of the Russian Federation. Violation of safety rules when conducting mining, construction or other work

Article 217 of the Criminal Code of the Russian Federation. Violation of safety rules at explosive sites

Article 218 of the Criminal Code of the Russian Federation. Violation of rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products

Article 219 of the Criminal Code of the Russian Federation. Violation of fire safety requirements

Article 220 of the Criminal Code of the Russian Federation. Illegal handling of nuclear materials or radioactive substances

Article 221 of the Criminal Code of the Russian Federation. Theft or extortion of nuclear materials or radioactive substances

Article 222 of the Criminal Code of the Russian Federation. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition, explosives and explosive devices

Article 223 of the Criminal Code of the Russian Federation. Illegal manufacture of weapons

Article 224 of the Criminal Code of the Russian Federation. Careless storage of firearms

Article 225 of the Criminal Code of the Russian Federation. Inadequate performance of duties for the protection of weapons, ammunition, explosives and explosive devices

Article 226 of the Criminal Code of the Russian Federation. Theft or extortion of weapons, ammunition, explosives and explosive devices

Article 227 of the Criminal Code of the Russian Federation. Piracy

Chapter 25. CRIMES AGAINST PUBLIC HEALTH AND PUBLIC MORALITY

Article 228 of the Criminal Code of the Russian Federation. Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

Article 228.1 of the Criminal Code of the Russian Federation. Illegal production, sale or shipment of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or shipment of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

Article 228.2 of the Criminal Code of the Russian Federation. Violation of the rules of circulation of narcotic drugs or psychotropic substances

Article 229 of the Criminal Code of the Russian Federation. Theft or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

Article 230 of the Criminal Code of the Russian Federation. Inducement to use narcotic drugs or psychotropic substances

Article 231 of the Criminal Code of the Russian Federation. Illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors

Article 232 of the Criminal Code of the Russian Federation. Organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances

Article 233 of the Criminal Code of the Russian Federation. Illegal issuance or forgery of prescriptions or other documents giving the right to receive narcotic drugs or psychotropic substances

Article 234 of the Criminal Code of the Russian Federation. Illegal trafficking of potent or toxic substances for sales purposes

Article 235 of the Criminal Code of the Russian Federation. Illegal private medical practice or private pharmaceutical activity

Article 236 of the Criminal Code of the Russian Federation. Violation of sanitary and epidemiological rules

Article 237 of the Criminal Code of the Russian Federation. Concealing information about circumstances that pose a danger to human life or health

Article 238 of the Criminal Code of the Russian Federation. Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements

Article 239 of the Criminal Code of the Russian Federation. Organization of an association that encroaches on the personality and rights of citizens

Article 240 of the Criminal Code of the Russian Federation. Involvement in prostitution

Article 241 of the Criminal Code of the Russian Federation. Organization of prostitution

Article 242 of the Criminal Code of the Russian Federation. Illegal distribution of pornographic materials or items

Article 242.1 of the Criminal Code of the Russian Federation. Production and circulation of materials or objects with pornographic images of minors

Article 243 of the Criminal Code of the Russian Federation. Destruction or damage to historical and cultural monuments

Article 244 of the Criminal Code of the Russian Federation. Desecration of the bodies of the dead and their burial places

Article 245 of the Criminal Code of the Russian Federation. Animal abuse

Chapter 26. ECOLOGICAL CRIMES

Article 246 of the Criminal Code of the Russian Federation. Violation of environmental protection rules during work performance

Article 247 of the Criminal Code of the Russian Federation. Violation of rules for handling environmentally hazardous substances and waste

Article 248 of the Criminal Code of the Russian Federation. Violation of safety rules when handling microbiological or other biological agents or toxins

Article 249 of the Criminal Code of the Russian Federation. Violation of veterinary rules and rules established to combat plant diseases and pests

Article 250 of the Criminal Code of the Russian Federation. Water pollution

Article 251 of the Criminal Code of the Russian Federation. Air pollution

Article 252 of the Criminal Code of the Russian Federation. Marine pollution

Article 253 of the Criminal Code of the Russian Federation. Violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation

Article 254 of the Criminal Code of the Russian Federation. Corruption of the earth

Article 255 of the Criminal Code of the Russian Federation. Violation of rules for the protection and use of subsoil

Article 256 of the Criminal Code of the Russian Federation. Illegal extraction (catch) of aquatic biological resources

Article 257 of the Criminal Code of the Russian Federation. Violation of rules for the protection of aquatic biological resources

Article 258 of the Criminal Code of the Russian Federation. Illegal hunting

Article 259 of the Criminal Code of the Russian Federation. Destruction of critical habitats for organisms listed in the Red Book of the Russian Federation

Article 260 of the Criminal Code of the Russian Federation. Illegal felling of forest plantations

Article 261 of the Criminal Code of the Russian Federation. Destruction or damage to forest plantations

Article 262 of the Criminal Code of the Russian Federation. Violation of the regime of specially protected natural areas and natural objects

Chapter 27. CRIMES AGAINST TRAFFIC SAFETY AND OPERATION OF TRANSPORT

Article 263 of the Criminal Code of the Russian Federation. Violation of traffic safety rules and operation of railway, air, sea and inland water transport and the metro

Article 263.1 of the Criminal Code of the Russian Federation. Failure to comply with transport security requirements at transport infrastructure facilities and vehicles

Article 264 of the Criminal Code of the Russian Federation. Violation of traffic rules and operation of vehicles

Article 265 of the Criminal Code of the Russian Federation. Lost power

Article 266 of the Criminal Code of the Russian Federation. Poor quality repairs of vehicles and their release into service with technical faults

Article 267 of the Criminal Code of the Russian Federation. Rendering of transport means or means of communication unusable

Article 268 of the Criminal Code of the Russian Federation. Violation of rules ensuring safe operation of transport

Article 269 of the Criminal Code of the Russian Federation. Violation of safety rules during the construction, operation or repair of main pipelines

Article 270 of the Criminal Code of the Russian Federation. Failure of the ship's captain to provide assistance to those in distress

Article 271 of the Criminal Code of the Russian Federation. Violation of international flight rules

Chapter 28. CRIMES IN THE SPHERE OF COMPUTER INFORMATION

Article 272 of the Criminal Code of the Russian Federation. Unauthorized access to computer information

Article 273 of the Criminal Code of the Russian Federation. Creation, use and distribution of computer malware

Article 274 of the Criminal Code of the Russian Federation. Violation of the rules of operation of a computer, computer system or their network

Section 10. CRIMES AGAINST STATE AUTHORITY

Section 10. CRIMES AGAINST STATE AUTHORITY

Chapter 29. CRIMES AGAINST THE FUNDAMENTALS OF THE CONSTITUTIONAL SYSTEM AND SECURITY OF THE STATE

Article 275 of the Criminal Code of the Russian Federation. Treason

Article 276 of the Criminal Code of the Russian Federation. Espionage

Article 277 of the Criminal Code of the Russian Federation. Encroachment on the life of a statesman or public figure

Article 278 of the Criminal Code of the Russian Federation. Violent seizure of power or violent retention of power

Article 279 of the Criminal Code of the Russian Federation. Armed rebellion

Article 280 of the Criminal Code of the Russian Federation. Public calls for extremist activities

Article 281 of the Criminal Code of the Russian Federation. Sabotage

Article 282 of the Criminal Code of the Russian Federation. Inciting hatred or enmity, as well as humiliation of human dignity

Article 282.1 of the Criminal Code of the Russian Federation. Organization of an extremist community

Article 282.2 of the Criminal Code of the Russian Federation. Organization of the activities of an extremist organization

Article 283 of the Criminal Code of the Russian Federation. Disclosure of state secrets

Article 284 of the Criminal Code of the Russian Federation. Loss of documents containing state secrets

Chapter 30. CRIMES AGAINST STATE AUTHORITY, INTERESTS OF CIVIL SERVICE AND SERVICE IN LOCAL GOVERNMENT BODIES

Article 285 of the Criminal Code of the Russian Federation. Abuse of power

Article 285.1 of the Criminal Code of the Russian Federation. Misuse of budget funds

Article 285.2 of the Criminal Code of the Russian Federation. Misuse of state extra-budgetary funds

Article 285.3 of the Criminal Code of the Russian Federation. Entering knowingly false information into the unified state registers

Article 286 of the Criminal Code of the Russian Federation. Exceeding official authority

Article 286.1 of the Criminal Code of the Russian Federation. Failure of an employee of an internal affairs body to comply with an order

Article 287 of the Criminal Code of the Russian Federation. Refusal to provide information to the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation

Article 288 of the Criminal Code of the Russian Federation. Assignment of powers of an official

Article 289 of the Criminal Code of the Russian Federation. Illegal participation in business activities

Article 290 of the Criminal Code of the Russian Federation. Receiving a bribe

Article 291 of the Criminal Code of the Russian Federation. Giving a bribe

Article 291.1 of the Criminal Code of the Russian Federation. Mediation in bribery

Article 292 of the Criminal Code of the Russian Federation. Official forgery

Article 292.1 of the Criminal Code of the Russian Federation. Illegal issuance of a passport of a citizen of the Russian Federation, as well as the entry of knowingly false information into documents, resulting in the illegal acquisition of citizenship of the Russian Federation

Article 293 of the Criminal Code of the Russian Federation. Negligence

Chapter 31. CRIMES AGAINST JUSTICE

Article 294 of the Criminal Code of the Russian Federation. Obstruction of justice and preliminary investigation

Article 295 of the Criminal Code of the Russian Federation. Encroachment on the life of a person conducting justice or preliminary investigation

Article 296 of the Criminal Code of the Russian Federation. Threat or violence in connection with the administration of justice or preliminary investigation

Article 297 of the Criminal Code of the Russian Federation. Contempt of court

Article 298 of the Criminal Code of the Russian Federation. Defamation of a judge, juror, prosecutor, investigator, person conducting the inquiry, bailiff, bailiff

Article 299 of the Criminal Code of the Russian Federation. Bringing a knowingly innocent person to criminal liability

Article 300 of the Criminal Code of the Russian Federation. Illegal exemption from criminal liability

Article 301 of the Criminal Code of the Russian Federation. Unlawful arrest, detention or detention

Article 302 of the Criminal Code of the Russian Federation. Compulsion to testify

Article 303 of the Criminal Code of the Russian Federation. Falsification of evidence

Article 304 of the Criminal Code of the Russian Federation. Provocation of a bribe or commercial bribery

Article 305 of the Criminal Code of the Russian Federation. Issuance of a knowingly unjust sentence, decision or other judicial act

Article 306 of the Criminal Code of the Russian Federation. Deliberately false denunciation

Article 307 of the Criminal Code of the Russian Federation. Knowingly false testimony, expert or specialist opinion, or incorrect translation

Article 308 of the Criminal Code of the Russian Federation. Refusal of a witness or victim to testify

Article 309 of the Criminal Code of the Russian Federation. Bribery or coercion to testify or to evade testifying or to mistranslate

Article 310 of the Criminal Code of the Russian Federation. Disclosure of preliminary investigation data

Article 311 of the Criminal Code of the Russian Federation. Disclosure of information about security measures applied to judges and participants in criminal proceedings

Article 312 of the Criminal Code of the Russian Federation. Illegal actions in relation to property subject to inventory or seizure or subject to confiscation

Article 313 of the Criminal Code of the Russian Federation. Escape from a place of imprisonment, arrest or custody

Article 314 of the Criminal Code of the Russian Federation. Evasion from serving restriction of freedom, imprisonment

Article 314.1 of the Criminal Code of the Russian Federation. Evasion of administrative supervision

Article 315 of the Criminal Code of the Russian Federation. Failure to comply with a court verdict, court decision or other judicial act

Article 316 of the Criminal Code of the Russian Federation. Concealment of crimes

Chapter 32. CRIMES AGAINST GOVERNMENT ORDER

Article 317 of the Criminal Code of the Russian Federation. Encroachment on the life of a law enforcement officer

Article 318 of the Criminal Code of the Russian Federation. Use of violence against a government official

Article 319 of the Criminal Code of the Russian Federation. Insulting a government official

Article 320 of the Criminal Code of the Russian Federation. Disclosure of information about security measures applied to a law enforcement or regulatory official

Article 321 of the Criminal Code of the Russian Federation. Disorganization of the activities of institutions that ensure isolation from society

Article 322 of the Criminal Code of the Russian Federation. Illegal crossing of the State border of the Russian Federation

Article 322.1 of the Criminal Code of the Russian Federation. Organization of illegal migration

Article 323 of the Criminal Code of the Russian Federation. Illegal change of the State border of the Russian Federation

Article 324 of the Criminal Code of the Russian Federation. Purchase or sale of official documents and state awards

Article 325 of the Criminal Code of the Russian Federation. Theft or damage to documents, stamps, seals, or theft of excise duty stamps, special stamps or marks of conformity

Article 326 of the Criminal Code of the Russian Federation. Forgery or destruction of vehicle identification number

Article 327 of the Criminal Code of the Russian Federation. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms

Article 327.1 of the Criminal Code of the Russian Federation. Manufacturing, selling or using counterfeit excise duty stamps, special stamps or marks of conformity

Article 328 of the Criminal Code of the Russian Federation. Evasion from military and alternative civil service

Article 329 of the Criminal Code of the Russian Federation. Desecration of the State Emblem of the Russian Federation or the State Flag of the Russian Federation

Article 330 of the Criminal Code of the Russian Federation. Arbitrariness

Section 11. CRIMES AGAINST MILITARY SERVICE

Section 11. CRIMES AGAINST MILITARY SERVICE

Chapter 33. CRIMES AGAINST MILITARY SERVICE

Article 331 of the Criminal Code of the Russian Federation. The concept of crimes against military service

Article 332 of the Criminal Code of the Russian Federation. Failure to execute an order

Article 333 of the Criminal Code of the Russian Federation. Resisting or coercing a superior to violate military service obligations

Article 334 of the Criminal Code of the Russian Federation. Violent actions against a boss

Article 335 of the Criminal Code of the Russian Federation. Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them

Article 336 of the Criminal Code of the Russian Federation. Insulting a serviceman

Article 337 of the Criminal Code of the Russian Federation. Unauthorized abandonment of a unit or place of duty

Article 338 of the Criminal Code of the Russian Federation. Desertion

Article 339 of the Criminal Code of the Russian Federation. Evasion of military service duties by feigning illness or other means

Article 340 of the Criminal Code of the Russian Federation. Violation of the rules of combat duty

Article 341 of the Criminal Code of the Russian Federation. Violation of border guard rules

Article 342 of the Criminal Code of the Russian Federation. Violation of the statutory rules of guard duty

Article 343 of the Criminal Code of the Russian Federation. Violation of the rules of service for the protection of public order and ensuring public safety

Article 344 of the Criminal Code of the Russian Federation. Violation of the statutory rules for performing internal service and patrolling in the garrison

Article 345 of the Criminal Code of the Russian Federation. Abandonment of a dying warship

Article 346 of the Criminal Code of the Russian Federation. Deliberate destruction or damage to military property

Article 347 of the Criminal Code of the Russian Federation. Destruction or damage to military property due to negligence

Article 348 of the Criminal Code of the Russian Federation. Loss of military property

Article 349 of the Criminal Code of the Russian Federation. Violation of the rules for handling weapons and objects that pose an increased danger to others

Article 350 of the Criminal Code of the Russian Federation. Violation of driving or operation rules

Article 351 of the Criminal Code of the Russian Federation. Violation of flight rules or preparation for them

Article 352 of the Criminal Code of the Russian Federation. Violation of navigation rules

Section 12. CRIMES AGAINST PEACE AND SECURITY OF HUMANITY