Peculiarities of qualification of crimes provided for by article 239 of the Criminal Code of the Russian Federation (creation of non-profit organizations that infringe on the personality and rights of citizens)

Introduction: in this study, the authors examine the criminal law characteristics of crimes related to the creation of a non-profit organization that infringes on the personality and rights of citizens. Considerable attention is paid to the issues of distinguishing this norm from related offenses. The authors offer their own version of the construction of the disposition of Art. 239 of the Criminal Code of the Russian Federation. Materials and Methods: in the process of research, general scientific and particular scientific methods were used, including logical, comparative legal, systemic structural, and legal. Materials of investigative and judicial practice, scientific research and publications on the problem under consideration were analyzed. Results: the article presents the opinions of scientists and practical workers regarding the criminal law characteristics of crimes under Art. 239 of the Criminal Code of the Russian Federation (creation of non-profit organizations that infringe on the personality and rights of citizens). When studying the objective side of the crimes under study, a discrepancy between Part 1 and Part 3 of Art. 239 of the Criminal Code of the Russian Federation, which indicates the imperfection of the conceptual apparatus of this norm. Based on the analysis of materials of law enforcement practice, it was concluded that the preliminary investigation authorities are faced with a problem related to the qualification and differentiation of related offenses under Art. 159, 172.2, 205.4, 205.5, 210, 239, 282.1, 282.2, 284.1 of the Criminal Code of the Russian Federation. Most of the crimes under consideration are committed in conjunction with other criminal acts, for example, Art. 109, 111, 118, 159 of the Criminal Code of the Russian Federation. Discussion and Conclusions: the article substantiates the need to amend the disposition of Art. 239 of the Criminal Code of the Russian Federation. The question is raised about conducting classes with employees of operational and investigative units in this area as part of legal and service training. It is indicated the need to develop methodological recommendations on this issue, determine the algorithm of actions to identify, suppress and investigate the crimes in question.