North Caucasus Legal Vestnik

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DOI:

https://doi.org/10.22394/2074-7306-2024-1-3-129-135

Keywords:

служебный подлог, преступление, официальный документ, должностное лицо, предмет преступления

Abstract

The article reveals the problems of legislative regulation of provisions on official forgery as a crime; these include understanding of the official document, use of official positions with special crimes, forms of acts in official forgery. Blanket disposition part 1 art. 292 of the Criminal Code of the Russian Federation makes it difficult for law enforcement officers to have a uniform understanding of the subject of official forgery, and therefore there is a need to study the concept of an official document as the subject of a crime. An analysis of the legislative definitions of “document”, “official document”, aswell as an explanation of the subject of official forgery presented in the resolution of the Plenum of the Supreme Court of the Russian Federation, made it possible, in order to bring judicial practice to uniformity, to conclude that it is advisable to supplement Art. 292 of the Criminal Code of the Russian Federation with a note on the concept of an official document as the subject of official forgery.

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Published

2024-03-15

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Section

Статьи