Open AccessProblems of distinction of articles 243 and 2434 of the Criminal Code of the Russian Federation
Author(s) -
Nikolay Seliverstov
Publication year - 2021
Publication title -
vestnik sankt-peterburgskogo universiteta mvd rossii
Language(s) - English
Resource type - Journals
eISSN - 2949-1150
pISSN - 2071-8284
DOI - 10.35750/2071-8284-2021-2-99-103
Subject(s) - criminal code , russian federation , cultural heritage , glory , state (computer science) , object (grammar) , law , political science , subject (documents) , code (set theory) , criminal law , sociology , linguistics , library science , regional science , computer science , programming language , philosophy , physics , optics , set (abstract data type) , algorithm
The article is devoted to the study of such elements of crimes as Article 243 of the Criminal Code of the Russian Federation destruction or damage of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation included in the unified State register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, identified cultural heritage objects, natural complexes, objects taken under state protection, or cultural values) (hereinafter Article 243 of the Criminal Code of the Russian Federation) and art. The article 243.4 of the Criminal Code of the Russian Federation destruction or damage of military graves, as well as monuments, steles, obelisks, other memorial structures or objects that perpetuate the memory of those who died in the defense of the Fatherland or its interests or dedicated to the days of military glory of Russia (hereinafter Article 243.4 of the Criminal Code of the Russian Federation). As an article 243.4 of the Criminal Code of the Russian Federation is a novel in the criminal law of Russia, it was necessary to compare it with other related crimes in order to study possible problems and controversial questions of qualification. The article provides a comparative analysis of crimes against public morality provided for in Articles 243 and 243.4 of the Criminal Code of the Russian Federation. The article examines their similarities and differences in such parameters of a socially dangerous act as: subject, object, subjective part and objective pa of the crime, as well as responsibility for the crime committed. The controversial issues of qualification of related crimes are studied and possible ways of their solution are given.