The concept and essence of embezzlement in the Russian criminal legislation

Vol. 6, No. 4, 2021, pp. 378–389

[ JURIDICAL SCIENCES ]

Article (file: pdf, size: 304 KB, downloads: 321)

Abstract:

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.

Keywords:

theft of property, seizure, circulation, property, property, selfish purpose, methods of theft, forms of theft

Authors:

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

For citation:

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

References

  1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020) // http://www.pravo.gov.ru, 07/04/2020.
  2. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on December 8, 2020) // Collection of Legislation of the Russian Federation. 1996. No. 25. Art. 2954.
  3. Decree of the Presidium of the USSR Supreme Council of 06/04/1947 «On criminal liability for theft of state and public property» [Electronic resource] // SPS ConsultantPlus.
  4. The course of Soviet criminal law (Special part). T. 3 / Resp. ed N.A. Belyaev, M.D. Shargorodsky. L., 1973.S.350.
  5. The course of Soviet criminal law: In 6 volumes. M.: Nauka, 1970. T. 4. P. 307.
  6. Amiiants K. A., Kunizheva I. Kh. The concept of embezzlement in the modern criminal legislation of Russia, its forms and types // Alley of Science. 2018. Vol. 3. No. 4 (20). pp. 821–824.
  7. Bodobaev K. A. The concept of theft of another’s property//Bulletin of modern research. 2018. No. 3.2 (18). pp. 199–201.
  8. Boytsov AI Crimes against property. St. Petersburg: Legal Center Press, 2002. P.108.
  9. Borisov ID The concept and signs of the subject of theft //Domestic jurisprudence. 2019. No. 1 (33). pp. 43–46.
  10. Vilitenko T.O. Differentiation of criminal liability for theft of another’s property // Trends in the development of science and education. 2017. No. 26-3. pp. 33-35.
  11. Gaukhman L. D., Zhuravlev M. P. On the issue of the concept of theft // Criminal law. 2019. No. 6. P. 11–14.
  12. Glumova A. Yu. The concept and signs of theft in criminal law// Internauka. 2019. No. 22-3 (104). pp. 30-31.
  13. Golikova A.V. Signs of theft in the Criminal Code of the Russian Federation // The subject of criminal law and its role in the formation of the criminal legislation of the Russian Federation / Ed. ed. B.T. Razgildiev. Saratov, 2002. C.42
  14. Gorodnova O. N. The concept and forms of theft: legislative theory and issues of its improvement // In the collection: Achievements and prospects for the development of university science. Collection of materials of the All-Russian scientific-practical conference. 2018, pp. 109–115.
  15. Eliseev S.A. Crimes against property under the criminal law of Russia (historical and theoretical study): author. dis. … Dr. jurid. Sciences: 12.00.08. Tomsk., 1999. 36 p.
  16. Zhuravleva G. V., Karpova N. A. On the issue of forms of embezzlement in Russian criminal law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2016. No. 6. S. 61-64.
  17. Kochoi S.M. Responsibility for mercenary crimes against property under Russian law: author. dis. … Dr. jurid. Sciences: 12.00.08. Moscow., 1999. 33 p.
  18. Lopashenko N. A. Crimes against property: theoretical and applied research. M. , 2005. S. 148.
  19. Lopashenko N. A. Encroachments on property: Monograph. M., 2012.
  20. Milyukov S.F. Russian Criminal Legislation: An Experience of Critical Analysis. St. Petersburg: Knowledge, SPbI-VESEP, 2000. 279 p.
  21. Stepanov M. V. Problems of qualification of crimes against property. — Nizhny Novgorod: Volgo-Vyat Publishing House. Acad. State. Services, 2010. — 128 p.
  22. Tretyakova N.S. Linguistic features of criminal law norms on liability for theft: author. dis. … cand. legal Sciences: 12.00.08. Omsk., 2008. 19 p.
  23. Shevchenko T.D. Subject of theft: concept, signs and features//Young scientist. 2020. No. 45 (335). pp. 191-193.
  24. Shchaveleva N.N., Kruglova T.V. The concept and essence of theft // Young scientist. 2021. No. 11 (353). pp. 127-129.