Open AccessPublic Danger and the Object of Alcohol and Tobacco Smuggling
Author(s) -
Aleksandr V. Fedorov,
AUTHOR_ID
Publication year - 2017
Publication title -
rossijskij sledovatelʹ
Language(s) - English
Resource type - Journals
ISSN - 1812-3783
DOI - 10.18572/1812-3783-2017-21-3-9
Subject(s) - political science , russian federation , criminal code , economic union , customs union , object (grammar) , international trade , business , law , economic policy , criminal law , linguistics , philosophy
The article reviews the issues related to determination of public danger and the object of alcohol and tobacco smuggling as a crime stipulated by Article 2002 of the Criminal Code of the Russian Federation (CC RF). The author pays attention to the fact that illegal circulation of alcohol and tobacco constitutes a menace to the citizens’ health and normal development of market relations, economic interests of the Russian Federation as a member of the Eurasian Economic Union (EAEU). Public danger of illegal transfer of alcohol and tobacco across the customs border of the EAEU (customs border of the Eurasian Economic Community) is primarily related to infliction of damage to the market economic relations developing in the EAEU area forming a common customs territory. The article states that additional direct objects of the crimes defined in the CC RF as smuggling performed by illegal transfer of smuggling objects across the customs border of the Customs Union within the EAEC (Articles 200¹, 200², 226¹ and 229¹ of the CC RF) are public relations related to the established procedure of good (item) transfer across the customs border of the Customs Union within the EAEC, while the main direct objects of these crimes differ; so they are included in separate chapters of the CC RF. Based on the fact that the main indirect object of alcohol and tobacco smuggling is derived from the generic object of crimes included in Chapter 22 of the CC RF and the results of the performed analysis, the author concludes that on the current stage of EAEU functioning and theoretical comprehension of the influence of appearance of this international organization of regional economic integration on determination of public relations protected by criminal law, it is optimal to acknowledge public relations securing compliance with the market economy and good faith competition principles at carrying out of international economic activities between the EAEU member states and other states (non-EAEU members) as the main direct object of alcohol and tobacco smuggling.