On the prerequisites for the introduction of criminal liability for crimes provided for in paragraph "B" part 3 of article 158 and article 215.3 of the Criminal Code of the Russian Federation, and the practice of their investigation

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Introduction: the purpose of the study was to identify, on the basis of the analysis of statistical data, investigative and judicial practice, regularities in consideration of reports received on theft from oil pipelines, oil product and gas pipelines, making lawful and reasonable decisions on them; to generalize the existing problems of law enforcement practice, including those related to determination of jurisdiction; to make legislative proposals for improvement of criminal and procedural legislation in this area of crime control. Materials and Methods: the development of the research topic required the application of a multidisciplinary methodology. Formal - legal, descriptive - analytical, system - structural and statistical methods of analysis and explanation of social and legal phenomena were used. The Results of the study: The results of the study allowed us to identify regularities in the consideration by internal affairs investigators of reports of crimes related to theft from oil pipelines, oil product pipelines and gas pipelines, as well as suggestions for the improvement of criminal and criminal procedural legislation in terms of qualification and determination of jurisdiction over this category of crimes. Findings and Conclusions: as a proposal for the development of the definition of the jurisdiction of crimes related to thefts from oil pipelines, oil product pipelines and gas pipelines, and their further investigation, proposals have been formulated suggesting new dispositions of parts 2 and 5 of article 215.3 of the Criminal Code of the Russian Federation, as well as alternative jurisdiction under it.

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Fuel and energy complex, verification of a crime report, investigation of crimes, qualification of crimes, criminal liability

Короткий адрес: https://sciup.org/143180714

IDR: 143180714   |   DOI: 10.55001/2312-3184.2023.80.52.010

Статья научная