Опыт фиксации квалифицирующих признаков состава преступления в странах СНГ

Abstract

Purpose. Conducting a comparative analysis of the qualifying features of crimes in states with a common historical, cultural and civilizational path.Materials and methods. In the context of deglobalization and regionalization of international law, emphasis is placed on the Model Criminal Code for the CIS member states, as well as the Criminal Codes of such republics friendly to Russia as Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan.Results. The structural and substantive features of recording the qualifying features of crimes in the above-mentioned legal acts are considered. Specific examples of description of these features are identified in comparison with the Criminal Code of the Russian Federation. The original structuring of the relevant legislative material is implemented in the Criminal Code of the Republic of Belarus: qualifying features in a number of cases are listed in an alternative way (without highlighting points). In turn, in the Criminal Code of the Republic of Uzbekistan, a "splitting" of a single feature into separate points is revealed. In terms of content, exclusive legislative decisions are the recognition of the increased public danger of theft with illegal entry into a vehicle, as well as violation of privacy using a remotely controlled unmanned aerial vehicle. The experience of differentiating criminal liability depending on the forms of complicity in a crime, type of recidivism and the type of intent deserves attention.Conclusions. Based on the "classic" set of qualifying elements of crimes in the Model Criminal Code for the CIS member states, legislators from different countries have independently optimized their description.The similarity of the general approaches of legislators to the establishment of qualifying signs has been revealed; the assessment of the degree of their public danger, as well as the list of crimes in individual components, vary.The differentiation of criminal liability at the level of qualifying elements of a crime in the Criminal Code of the Russian Federation should be carried out taking into account not only positive foreign experience, but also the achievements of domestic criminal law doctrine.