Features of the legal qualification of property retention and arbitrariness

The article examines the peculiarities of differentiation of a criminal offense provided for in Article 330 of the Criminal Code of the Russian Federation and lawful retention of property (Article 395 of the Civil Code of the Russian Federation). Based on a scientific analysis of the legal regulation and practice of protecting civil rights by retaining things, the author concludes that illegal retention of property can be qualified as arbitrariness (Article 330 of the Criminal Code of the Russian Federation). The article provides criteria for distinguishing a criminally punishable act aimed at the illegal seizure of someone else’s property in their favor or in favor of third parties, and the retention of property in accordance with Article 395 of the Civil Code of the Russian Federation.