Use of counterfeit and forged document: problems of delimiting the objects of crimes provided for in parts 3 and 5 of art. 327of the Criminal Code of the Russian Federation

The article is devoted to the problem of delimiting the objects of crimes provided for in Part 3 and Part 5 of Art. 327 of the Criminal Code of the Russian Federation, with special attention paid to the relationship between the concepts «knowingly counterfeit another official document granting rights or releasing from obligations» and «knowingly forged document, except for the cases provided for in part 3 of this Article». An analysis of judicial practice and a survey of law enforcement officials indicate the absence of a uniform solution to the indicated problem, which leads to errors in qualifying the relevant socially dangerous acts and violation of the principle of justice. The author defines the criterion for distinguishing documents as subjects of investigated crimes, substantiates the inexpediency of the existence of Part 5 of Art. 327 of the Criminal Code of the Russian Federation in the current edition, as well as proposals for improving the studied norms and the practice of their application.