Deprivation of the right to hold certain positions and engage in certain activities for crimes against intellectual property committed by a guilty person using their official position

Introduction: the article is devoted to the sentencing in the form of deprivation of the right to hold certain positions or engage in certain activities for crimes against intellectual property committed by the perpetrator using their official position. Author considers this problem from several angles. First, the author assesses the dependence of the application of such punishment on the mechanism of committing a crime. Secondly, the author examines the question of the correctness of how such punishment is presented in the sanctions of specific articles on crimes against intellectual property. Materials and Methods: the author based on the system analysis, as well as the study and case law analysis. Results: the author comes to several important conclusions. Deprivation of the right to occupy certain positions and engage in certain activities as a punishment should be connected with the mechanism of committing a crime and should be imposed when the crime is committed using the rights and opportunities that the official position gives. Based on this approach, amendments to the current criminal legislation are proposed. In particular, it is proposed in Part 2 of Art. 183 of the Criminal Code of the Russian Federation to provide for deprivation of the right as an additional mandatory punishment to all the main punishments specified in the sanction, since this crime is committed exclusively with the use of official position. From the sanction of Part 3 of Art. 183 of the Criminal Code of the Russian Federation, it is proposed to exclude the indication of this crime, since this crime can be committed both with the use of official position and without it. Discussion and Conclusions: the author proposes for discussion changes to the current criminal legislation, taking into account the results of the study regarding the use of sanctions in the Articles of the Criminal Code of the Russian Federation of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities and the use of this punishment by law enforcement officers.