Open AccessAlcohol and Tobacco Smuggling Articles
Author(s) -
Aleksandr V. Fedorov,
AUTHOR_ID
Publication year - 2017
Publication title -
rossijskij sledovatelʹ
Language(s) - English
Resource type - Journals
ISSN - 1812-3783
DOI - 10.18572/1812-3783-2017-22-3-13
Subject(s) - russian federation , law , product (mathematics) , political science , subject (documents) , business , criminal liability , quality (philosophy) , criminal law , computer science , geometry , mathematics , library science , economic policy , philosophy , epistemology
The article is dedicated to the issues related to determination of the alcohol and tobacco smuggling subject as a crime stipulated by Article 2002 of the Criminal Code of the Russian Federation (CC RF). The author reviews the correlation between the “crime subject” and the “smuggling article” notions from the criminal law theory standpoint, points out the difference in their content and concludes that a new criminal law notion is formed — “smuggling article”, which defines the goods (items) listed in Articles 200¹, 200², 226¹ and 229¹ of the CC RF, where criminal liability is established for their illegal transfer across the customs (state) border. The author indicates the blanket character of Article 200¹ of the CC RF and analyzes the “alcohol product” and “tobacco good” notions considering international agreements, supranational acts of the EAEC and the EAEU and Russian laws and regulations. The alcohol product and tobacco good types are listed and briefly characterized. The notions of falsified, undue quality and counterfeited alcohol products and tobacco goods are given. The author reviews some issues related to classification of illegal transfer of falsified, undue quality and counterfeited alcohol products and tobacco goods across the customs border of the Customs Union; describes approaches to determination of large-scale smuggling of alcohol products and tobacco goods, analyzes the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 27, 2017, No. 12 On Judicial Practice in Smuggling Cases on this issue.