Problems of legal treatment of a device imitating an explosive item

A device imitating an explosive item, can be represented by any object which by its external features looks as an explosive one. When qualificating the crime committed with the use of a device imitating the explosive one (dummy explosive), policemen should keep in mind not only its similarity to the original, but specific circumstances in which the dummy explosive was used. Moreover, it is obvious that devices imitating explosive items, have menacing properties. Such items look real, and the situations in which the victim could understand that he is threatened only by the training item imitating the explosive device, from our point of view, could possibly happen only in theory. This thesis is confirmed by the practice of OMON engineering units of the Interior Ministry of the Republic of Bashkortostan. So, during 2009-2014, 73% from 658 visits to the scene containing an explosive item were cases of detection of "suspicious object" (suitcases, bags, packages, cars, boxes etc), including dummies and training ammunition. This article addresses the issue of a due legal treatment of the use of the explosive dummy while committing a crime. The author analyzes the reasons for avoiding the usage of the provisions of paragraph "k" section 1 Art. 63 of the Criminal Code of the Russian Federation by law enforcers.