Open AccessPROBLEMS OF ESTABLISHING THE CHARACTERISTICS OF THE SUBJECT WHEN QUALIFYING A CRIME UNDER ARTICLE 200.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
Author(s) -
В.А. Полтарыхин
Publication year - 2021
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2021)3.3
Subject(s) - criminal code , russian federation , normative , law , legislation , impossibility , political science , subject (documents) , state (computer science) , code (set theory) , procurement , criminal procedure , criminal responsibility , sanctions , criminal law , sociology , business , computer science , set (abstract data type) , algorithm , marketing , regional science , library science , programming language
This article discusses the issues of qualification of a crime under Article 200.4 of the Criminal Code ofthe Russian Federation. The author analyzes the provisions of the legislation on state and municipal cigarettesmoking, the norms of the Code of Administrative Offenses of the Russian Federation, as well as the criminallaw to identify common signs for abuse in the field of state and municipal procurement and comes to theconclusion about significant contradictions in the protection of the relations under consideration, providedby various branches of law. Considering that the disposition of art. 200.4 of the Criminal Code of the RussianFederation is a blank, then the lack of terminological unity between various normative acts regulating thesphere of procurement is a separate problem that has a negative impact on the developing judicial andinvestigative practice. According to the results of the study, conclusions are drawn about the excessivedifferentiation of responsibility for similar violations, leading to the impossibility of applying criminal lawprohibitions in practice.