Open AccessQualification of theft from a pipeline associated with bringing it into a state of disrepair
Author(s) -
A. S. Tumanov
Publication year - 2021
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2021-7-1-126-130
Subject(s) - paragraph , criminal code , legislature , law , sanctions , norm (philosophy) , computer security , state (computer science) , criminal law , political science , engineering , criminology , psychology , forensic engineering , computer science , algorithm
This article deals with the problem of qualification of secret theft of oil, oil products and gas when the corresponding pipeline is damaged, destroyed or rendered unusable. The purpose of the work is to study and summarize the materials of judicial and investigative practice in cases of this category, analyze the theoretical views and approaches of various authors to the qualification of such illegal actions. Special attention is paid to the methods of theft from pipelines and their impact on the criminal legal assessment of the crime. The author analyzes the mandatory signs of the subjective side of bringing pipelines into disrepair in the form of selfish and hooligan motives. Indicated their own position regarding the influence of the motives of the perpetrator when the total imputation of crimes under paragraph b part 3 Article 158 of the Criminal Code and part 3 to 5 of Article 215.3 of the Criminal Code. In conclusion, the author summarizes the results and makes a generalized conclusion about the necessary legislative changes in the disposition of the criminal law norm.