Open AccessRelevant Issues of the Legal Treatment of Abduction
Author(s) -
Светлана Корнакова
Publication year - 2020
Publication title -
rossijskij sudʹâ
Language(s) - English
Resource type - Journals
ISSN - 1812-3791
DOI - 10.18572/1812-3791-2020-12-45-50
Subject(s) - principle of legality , russian federation , law , criminal code , political science , criminal court , supreme court , criminal law , international law , sociology , regional science
The article critically assesses the absence of a definitive provision in the Russian criminal law that does not meet the criterion of legality, revealing the qualifying features of kidnapping. Examples of contradictory court decisions resulting from this are given. The relevant legal norms of some CIS countries are analyzed. It is concluded that the definition of kidnapping developed by judicial and investigative practice and reflected in the decisions of the Supreme Court of the Russian Federation is more specific. It is argued that it should be fixed in art. 126 of the Criminal Code of the Russian Federation.