Unlawfulness of detention as a reason for bringing to justice under part 1 of article 301 of the Criminal Code of the Russian Federation

The article considers determining criteria of unlawfulness of deten-tion of a person, allowing to establish the elements of a crime under part 1 of Art. 301 of the Criminal Code of the Russian Federation. The author considers the question of correlation of concepts «detention» and «actual detention», analyzes some issues of qualifying unlawful detention and substantiates the conclusion that detention of a suspect can be unlawful in regard to the form, that is without drawing up the report or in violation of the procedure of registration of the report as well as in regard to the contents, that is without legal grounds. The author believes that unlawful detention should be considered as a completed crime from the moment of actual deprivation of freedom of movement of the detainee, and not only from the moment of his placement in a temporary detention center.