Theoretical grounds for determining the direct object of legalization of property obtained by criminal means (articles 174, 174.1 of the Criminal Code of the Russian Federation)

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The article considers general theoretical and applied issues of determining the direct object of crimes provided for in Articles 174 and 174.1 of the Criminal Code of the Russian Federation. Despite the social danger of legalizing property, international character of these crimes, exact explanations of the higher judicial institution, practice of their implying is not definite. The author, based on a systematic analysis of the provisions of the doctrine of criminal law, the norms of civil legislation establishing general rules of civil turnover, as well as provisions on the invalidity of transactions and good faith in their application, provisions of criminal and criminal procedure legislation on the legal and procedural consequences of the introduction into civil circulation of property obtained by criminal means, concludes that legalization of property, according to the content of the criminal law prohibition, does not relate to crimes in the field of economic activity. Its direct object is the relations that arise in the process of implementing justice in its broadest sense. This implies the necessity for structural changes in the criminal law.

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Legalization, laundering, property acquired by criminal means, direct object

Короткий адрес: https://sciup.org/140305829

IDR: 140305829

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