Open AccessFeatures of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation
Author(s) -
Алена Харламова,
Алена Харламова,
И. С. Белик,
Yuliya Belik
Publication year - 2019
Publication title -
vestnik sankt-peterburgskogo universiteta mvd rossii
Language(s) - English
Resource type - Journals
eISSN - 2949-1150
pISSN - 2071-8284
DOI - 10.35750/2071-8284-2019-2-192-198
Subject(s) - criminal code , subject (documents) , object (grammar) , interpretation (philosophy) , russian federation , law , legislation , political science , conformity , criminal law , narrative , meaning (existential) , sociology , computer science , linguistics , psychology , artificial intelligence , world wide web , philosophy , regional science , psychotherapist , programming language
The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation