Social and legal nature of determining relations and delimitation of civil and criminal law categories for establishing signs of criminal actions against property
Автор: Nikishin D.L., Oreshkova D.O.
Журнал: Вестник Алтайской академии экономики и права @vestnik-aael
Рубрика: Юридические науки
Статья в выпуске: 11-2, 2020 года.
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The article is devoted to topical problems in the field of determining the signs of civil and criminal law relations and the criteria for their differentiation. In particular, the authors of the scientific article consider and analyze the main aspects of the relationship and differentiation of civil and criminal legal categories when establishing signs of criminal acts against property. The article draws attention to the fact that not all categories that are reflected in civil law and are of fundamental importance for the tasks and purposes of civil law regulation can be transferred and transformed without harming the essential nature of characteristics in the field of criminal law regulation of public relations. According to the authors, the controversial contradictions that arise in the qualification of crimes against property are associated, first of all, with an incorrect or inaccurate understanding of the classical provisions adopted and operating in the institution of property in relation to the enshrined norms of domestic criminal law. The authors concluded that the unjustified and incorrect opposition or inconsistency of the signs of crimes against property with the requirements of civil legislation does not contribute, but only harms the correct and accurate qualification and application of legal norms on responsibility for these acts against property.
Civil law, criminal code, law category, property, crime against property
Короткий адрес: https://sciup.org/142225108
IDR: 142225108 | DOI: 10.17513/vaael.1437