On the issue of criminal legal regulation of private security and detective activities

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The article analyzes the problems of criminal law regulation of the sphere of non-governmental law enforcement activities on the basis of scientific material, the provisions of current legislation and acts of judicial interpretation. The analysis is undertaken on the example of private security and detective activities through the prism of the corpus delicti provided for in Article 203 of the Criminal Code of the Russian Federation. The material construction of this corpus delicti is indicated. Attention is paid to the criminalizing and qualifying features of this corpus delicti. First of all, the author examines such signs used by the legislator to describe the consequences of this composition as significant harm (part 1) and grave consequences (part 2). Their evaluative nature and uncertain content are noted, requiring specification. In general, the author identifies a number of problematic and controversial issues of legislative regulation of this corpus delicti and the practice of applying relevant criminal law norms, and formulated proposals for their editing and correction.

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Non-governmental law enforcement activity, criminal law regulation, official crimes, official activity, official authority, abuse of authority, evaluation signs

Короткий адрес: https://sciup.org/14130590

IDR: 14130590   |   DOI: 10.47475/2311-696X-2024-41-2-194-198

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