Revisiting the issue of technical-juridical construction of criminal-legal norms, regulating responsibility for the completed offences in the matter of migration
Автор: Voenkova E.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 4 (45), 2016 года.
Бесплатный доступ
The article focuses on the technical-juridical construction extensive analysis of criminal-legal norms (Articles 322.1, 322.2, 322.3 of the Criminal Code of the Russian Federation), which are regulating responsibility for the completed offences in the matter of migration. There are discussed the article author's viewpoints on objective and subjective essential elements of the completed offences in the matter of migration, the author's standpoints on the interpretation and legal regulation of these categories among other things. The author is made proposals with a view to elaborate discussed norms by additional qualify- ing attributes. The most attention is paid to the analysis of law-enforcement practice that to detect and investigate the com- pleted offences, coming under Articles 322.1, 322.2, 322.3 of the Criminal Code of the Russian Federation. Besides, the article is providing statistical information on combating the discussed completed offences in some regions of Russia. Regarding the study results there is a main conclusion that it is necessary to improve the issues of criminal responsibility for the completed offences in the matter of migration for law-enforcement in the scope of criminal law norms effect at the moment. The article originality involves the development of proposals on the need to clarify legislative construction, which is providing criminal responsibility in the matter of irregular migration.
Migrants, irregular migration, migration legislation, organization of irregular migration, object of offence, objective element of irregular migration, perpetrator, subjective aspect of deed, improvement of certain law provisions
Короткий адрес: https://sciup.org/14119884
IDR: 14119884