On the helpless state of the victim in the construction of the composition of murder

This paper presents the results of a study on problems arising in law enforcement practice related to the qualification of socially dangerous acts by law enforcement agencies under paragraph «в» part 2 of Art. 105 of the Criminal Code of the Russian Federation (murder of a person who is obviously in a helpless state for the perpetrator). The relevance of the research topic is emphasized by the current scientific discourse on the issue of determining the helpless state of the victim of murder. At the same time, the legislation lacks a unified definition of the content of the concept of “helpless state” of the victim, as well as the criteria for its assessment, the denial of sleep and alcohol intoxication as a helpless state of the victim. The authors reveal the substantive aspect of the concept of “helpless state” of the victim, study law enforcement practice and highlight the issues of qualification of criminal attacks under paragraph «в» part 2 of Art. 105 of the Criminal Code of the Russian Federation.