Problem aspects of the reflection of mandatory characteristics in the composition of the use of violence against when it comes to representative of authority

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THE PRESENTED ARTICLE IS DEVOTED TO THE PROBLEMS OF REGULATING THE SIGNS OF THE VICTIM AND SOCIALLY DANGEROUS ACT AS PART OF THE USE OF VIOLENCE AGAINST A REPRESENTATIVE OF THE AUTHORITIES. THE AUTHOR DEMONSTRATES THE ABSTRACT NATURE OF THE CONCEPT OF A REPRESENTATIVE OF POWER PROPOSED BY THE LEGISLATOR IN THE NOTE TO ART. 318 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, AS WELL AS THE UNFORESEEN NATURE OF CERTAIN CATEGORIES OF VICTIMS. SPECIAL ATTENTION IS PAID TO THE PROBLEMS OF APPLICATION OF THE RULES IN CONJUNCTION WITH CRIMES AGAINST PUBLIC SAFETY AND PUBLIC ORDER, AS WELL AS IN THE CASE OF CAUSING ONE OR ANOTHER AMOUNT OF HARM TO HEALTH. MATERIALS AND METHODS: THE NORMATIVE BASIS OF THE STUDY IS FORMED BY CRIMINAL LEGISLATION, AS WELL AS OTHER LAWS THAT FIX THE CONCEPT AND STATUS OF CERTAIN TYPES OF GOVERNMENT REPRESENTATIVES. THE METHODOLOGICAL BASIS OF THE STUDY WAS THE UNIVERSAL DIALECTICAL METHOD OF COGNITION OF SOCIAL AND LEGAL PHENOMENA, GENERAL SCIENTIFIC RESEARCH METHODS (ANALYSIS AND SYNTHESIS, DEDUCTION AND INDUCTION, SYSTEM-STRUCTURAL AND OTHERS). IN ADDITION, PRIVATE-SCIENTIFIC METHODS OF COGNITION WERE USED - LOGICAL-FORMAL AND SYSTEM ANALYSIS. THE RESULTS OF THE STUDY: MADE IT POSSIBLE TO PRESENT A COMPREHENSIVE STUDY OF THE LEGISLATIVE REGULATION OF THE COMPOSITION OF THE USE OF VIOLENCE AGAINST A REPRESENTATIVE OF THE AUTHORITIES, TO DEMONSTRATE THE SHORTCOMINGS IN THE CONSTRUCTION OF THE PRESCRIPTIONS OF THE CRIMINAL LAW. FINDINGS AND CONCLUSIONS: THE ANALYZED SIGNS OF THE CRIME UNDER ART. 318 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION MADE IT POSSIBLE TO DEVELOP RULES FOR REFLECTING THIS ACT IN THE NORMS OF THE SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, AS WELL AS TO PRESENT THE RULES FOR QUALIFICATION WHEN ASSOCIATED WITH OTHER CRIMES.

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Representative of the authorities, violence dangerous to life and health, violence not dangerous to life and health, crimes against the order of government

Короткий адрес: https://sciup.org/143179524

IDR: 143179524   |   DOI: 10.55001/2312-3184.2022.55.29.006

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