The concept of violence in the commission of crimes aimed at forcible seizure of power

The article deals with the definition of the concept of “violence” in crimes directed against the foundations of the constitutional system of the state. In theory, to date, the content of physical violence has been sufficiently investigated, while mental violence remains insufficiently studied, which leads to a decrease in its criminal legal significance in the qualification of violent crimes. Conducting a historical analysis of violent forms of change of power in Russia, the author comes to the conclusion that violence during the seizure of power and armed rebellion can be not only physical, but also mental. The author examines the peculiarities of mental violence during the seizure of power through the analysis of historical events of different epochs that took place in our country, and which were associated not only with the physical elimination of the current heads of state, but also with the help of mental pressure on them, which forced them to leave the leadership post and transfer power to other persons. It is impossible to recognize such a method of transferring power as legitimate, but mental coercion remains outside the scope of criminal law regulation in the structures under consideration, and therefore, based on the analysis, the author justifies the need to amend the current criminal legislation regulating liability for violent forms of seizure of power.