Criminalization of special types of organization, incitement and aiding in the Criminal Code of the Russian Federation: pro et contra

Автор: Gorenko Maxim Gennadyevich

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

Рубрика: Право

Статья в выпуске: 4, 2021 года.

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The institution of special types of organization, incitement and aiding in criminal law and their pros and cons are discussed in this paper. Among the grounds for criminalization of offences with particular types of organization, incitement and aiding in the articles of the Special Part of the Criminal Code of the Russian Federation, the author highlighted the influence of international criminal law norms and social prerequisites. The author draws attention to the fact that this problem is ambiguous. On the one hand, these constructions were justifiably imported into the Criminal Code of the Russian Federation. On the other hand, they “break" the clearly constructed system of the Criminal Code of the Russian Federation, as a result of which the General and Special Parts of the Criminal Code are functioning inconsistently with each other, thus negatively affecting the law enforcement. The paper concludes that it is necessary to take a more meaningful approach to the transformation of the General and Special parts of the Criminal Code of the Russian Federation in the context of the regulation of the phenomena under consideration.

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Complicity, special types of organization, incitement and aiding, criminalization, institution of criminal law, criminal law system

Короткий адрес: https://sciup.org/149134338

IDR: 149134338   |   DOI: 10.24158/pep.2021.4.9

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