Спорные вопросы квалификации хищений: "безвозмездная возмездность"

The article considers one of the main signs of theft -the uncompensated expropriation of property of the victim, in the context of existing court practice and the theoretical provisions of the science of criminal law. The specifics of the question is that the present time, the concept of uncompensated transactions is interpreted by law enforcement and judicial authorities so widely that it can be attributed to this legal category and the number of compensated transactions. This paper deals with a theoretical analysis of certain provisions of the criminal and civil law, as well as decrees of the Plenum of the Supreme Court of the Russian Federation, decisions of the Constitutional Court and the European Court of Human Rights, in the context of the research. Significant differences between the judicial practice in the Russian Federation are found, on the one hand, both the norms of international law, in particular the European Convention for the protection of human rights and fundamental freedoms and the European Court of Human Rights on the other, and between the position of the domestic courts and certain provisions of Federal law. According to a study developed recommendations for addressing the identified differences and the bringing of the law enforcement practice in a consistent state with the Federal legislation and norms of international law.