Features of the causal relationship in crimes that ensure the protection of the right to work
Автор: Kursaev Alexander V.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовное право и криминология. Уголовно-исполнительное право
Статья в выпуске: 4 (99), 2021 года.
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Introduction: the article discusses the rules for the qualification of crimes under Articles 143, 216 and 217 of the Criminal Code of the Russian Federation, depending on the development of causality in them. The problems associated with the establishment of a causal relationship are analyzed. The issues of multifactorial causality, the influence of incoming forces on the process of its development and the commission of a crime by several persons are considered. Attention is drawn to the peculiarities of the causal relationship in inactivity. Proposals are formulated to optimize law enforcement practice and eliminate errors in qualifications. Materials and methods: the normative basis of the study is formed by the criminal legislation of the Russian Federation. The methodological basis of the research was modern general scientific and private scientific methods of cognition of social phenomena and processes (dialectical, inductive, deductive, analysis, synthesis, formal legal, modeling). The empirical basis of the study was the materials of judicial practice of the Supreme Court of the Russian Federation and courts of general jurisdiction on the application of Articles 143, 216 and 217 of the Criminal Code of the Russian Federation. The results of the study: the author proves that causality is one of the most important problems of law enforcement in Articles 143, 216 and 217 of the Criminal Code of the Russian Federation, which is in urgent need of scientific support and analysis. An assessment of causality as a multifactorial phenomenon is given. The content of the “victim’s guilt” and its influence on the assessment of the crime of the act are revealed. Proposals are formulated to improve the effectiveness of the practice of applying the criminal law norms under consideration. The reasoning is based on examples from judicial practice, recommendations of representatives of legal science and can be used in the process of studying criminal law and criminology and in law enforcement activities. Findings and Conclusions: based on the analysis of normative legal acts and judicial and investigative practice, the conclusion is made about the importance of causality in crimes that ensure the protection of the right to work for the qualification of the deed. The causal relationship determines the assessment of criminal encroachment not only from the standpoint of the qualification of the deed, but also when assessing the act as criminal.
Criminal liability, causal relationship, crimes against labor rights, victim's guilt, criminal inaction
Короткий адрес: https://sciup.org/143178208
IDR: 143178208 | DOI: 10.24412/2312-3184-2021-4-70-80