On the issue of the consistency of legislation on combating smuggling

Автор: Shakhov Evgeny N.

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 7, 2021 года.

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In modern jurisprudence, the concept of smuggling means an offense related to the illegal movement of goods, valuables and other items across the customs border. In Russian legislation, such acts are the basis for both criminal and administrative liability. The article compares the approaches of the legislator to the systematization of norms on criminal and administrative responsibility for smuggling offenses. In criminal law, the criterion of this process is the direct object of encroachment. In administrative law, it is a method of committing an offense. The author comes to the conclusion: due to the fact that different systematization criteria are used in these industries, in general, there is no consistency in the regulation of liability for smuggling offenses, which creates a threat of using gaps in the law to the detriment of public and personal interests. The author considers that the main way to solve this problem is to reform the legislation on administrative responsibility in the customs sphere.

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Smuggling, smuggling offences, systematization, criminal liability, administrative liability, object of crime

Короткий адрес: https://sciup.org/149137100

IDR: 149137100   |   DOI: 10.24158/pep.2021.7.8

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