Vol. 6, No. 4, 2021, pp. 378–389
[ JURIDICAL SCIENCES ]
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This article discusses the concept and essence of theft in Russian criminal law, and the patterns of development of this concept in legal science and law enforcement practice. The concept of theft of property is analyzed, as well as various approaches of scientists to the formation of this concept in the theory of criminal law. An overview of ongoing research in modern legal science is given, the main patterns of development of the concept of theft of property (property) in criminal law are revealed through the conceptual and terminological apparatus. The necessity of revising the legal concept of embezzlement and monitoring of criminal legislation by the legislator is substantiated: firstly, in order to eliminate competition between the criminal law norms of Chapter 21 of the Criminal Code of the Russian Federation; secondly, to timely identify new negative trends and phenomena associated with the theft of property; thirdly, to promptly respond to these negative trends and phenomena, and take the necessary measures to prevent new methods and forms of theft. The author came to the conclusion that the legal definition of the concept of theft is subject to revision, and in order to eliminate the competition between the criminal law norms of Chapter 21 of the Criminal Code of the Russian Federation, as well as the problems that arise with the qualification of theft, and its interpretation in law enforcement practice, the legislator needs to formulate (specify) in the comments to Art. Art. 159.1-159.6, 160, 161, 162, 163, 164 of the Criminal Code of the Russian Federation, specific concepts of theft for each element of the crime included in Chapter 21 of the Criminal Code of the Russian Federation.
theft of property, seizure, circulation, property, property, selfish purpose, methods of theft, forms of theft
Andrey P. Titarenko, Candidate of Law, Associate Professor of the Department of Criminal Law, Criminal Procedure and Criminalistics, Altai Branch of the Russian Presidential Academy of National Economy and Public Administration, Barnaul, Russia
Vadim A. Ovchinnikov, Master’s student, Altai Branch of the Russian Presidential Academy of National Economy and Public Administration, Barnaul, Russia
Titarenko A.P., Ovchinnikov V.A. The concept and essence of embezzlement in Russian criminal legislation // Social competence. 2021. Vol. 6. No. 4. pp. 378 — 389
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