Dimensional attributes in intellectual property offences
Автор: Titov Sergey N.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки (юридические науки)
Статья в выпуске: 4 (107), 2023 года.
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Introduction: The present article is devoted to the application of dimensional features in offences against intellectual property. The importance of research in this area is due to two circumstances. Firstly, the application of dimensional characteristics in criminal law in general is debatable, associated with many unresolved problems in terms of calculation methodology, terminology, accounting for inflation, etc. Secondly, in relation to the structures of offences against intellectual property, the inclusion of these attributes in the compositions is not systematic, uniform and convenient for practical application. In particular, these offences use different attributes - large damage and large size. At the same time, the values for large damage are not defined. The author concludes that the inclusion of dimensional features in the structures of offences against intellectual property is an appropriate solution for differentiation of liability for offences of this category. In order to systematise the norms and use the positive experience of amendments to Article 146 of the Criminal Code of the Russian Federation, it is proposed to abandon the sign of large damage, replacing it with the sign of large size.
Intellectual property, copyright, large size of the act, large damage
Короткий адрес: https://sciup.org/143181119
IDR: 143181119 | DOI: 10.55001/2312-3184.2023.65.73.022