Moscow State Regional University, Moscow 105005, Russian Federation
In light of the introduction to the State Duma of the Russian Federation of the bill No. 612292-7 “On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation in connection with the introduction of the concept of criminal misconduct” the article reveals the actual problem of admissibility (inadmissibility) of the recognition of crimes against the person, which are not punishable by imprisonment, a criminal offense.
The aim of the study is to identify the criteria that allow classifying the act prohibited by the criminal law as a criminal offense. To achieve this goal, the following tasks are set: to show the importance of the theory of criminal law infliction as a means of proving crime acts in the context of criminal misconduct; to prove the presence of socially significant harm and socially significant changes in the object of criminal law protection by establishing the nature and degree of social danger of crimes against the life, health, interests of minors; to justify the absence of public danger of crimes with administrative prejudice, located in Chapter VII of the Russian Criminal Code; to show the features of the negative impact in the object of criminal law protection of crimes against honor, dignity of the individual, constitutional human and civil rights.
The research is based on formal-legal, linguistic, logical, comparative legal research methods that allow to consider the problem in a complex way.
On the basis of the theory of criminal-legal infliction the author provide theoretical and practical recommendations on the need to preserve in the criminal law socially dangerous acts against the life, health, interests of minors as crimes of minor gravity; the implementation of decriminalization of crimes with administrative prejudice, provided for in articles 1161 and 1511 of the Russian Criminal Code; expediency of recognition as a criminal offense of crimes against the person, the direct object of which is the honor, dignity of the person, constitutional rights of man and citizen.
criminal-legal infliction, object of criminal-legal protection, criminalization, decriminalization, criminal offense, crimes against the person, public danger.
Yanina I. Yu. Instruments of Recognition of a Criminalized Act as a Criminal Offence (on the Example of Crimes Against the Person). Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 1, pp. 112—121. DOI: 10.12737/jrl.2020.008 (In Russ.)
Ageev A. A. About need of introduction of the concept “Criminal offence”. Chelovek: prestuplenie i nakazanie, 2015, no. 3 (90), pp. 126—129. (In Russ.)
Blinov A. G., Gerasimov A. M. Criminal Offence and its Nature. Psikhopedagogika v pravookhranitel'nykh organakh, 2018, no. 2 (73), pp. 19—24. (In Russ.)
Gavrilov B. Ya. Criminal misconduct in Russian criminal legislation (problems of legislative settlement). III International Prison Forum “rime, Punishment, Correction”(for the 20th anniversary of the entry into force of the Penal Enforcement Code of the Russian Federation). Ryazan', 2017. Pp. 145—150. (In Russ.)
Genrikh N. V. Challenges in improving the criminal justice system. Obshchestvo i pravo, 2009, no. 5, pp. 162—167. (In Russ.)
Geta M. R. Criminal law (limits, objects and means of influence in the fight against crime in modern Russia). Moscow, 2016. 336 p. (In Russ.)
Geta M. R. Criminal offence and prospects for its legitimation in the legislation of Russia. Evraziyskiy yuridicheskiy zhurnal, 2017, no. 5 (108), pp. 206—208. (In Russ.)
Korobeev A. I., Shirshov A. A. Criminal offense through a prism of institute of an administrative preyudition: benefit or evil? Ugolovnoe pravo, 2017, no. 4, pp. 68—72. (In Russ.)
Korsun D. Yu. The notion of criminal misconduct as a new category of Russian criminal law. Yuridicheskaya nauka, 2017, no. 1, pp. 72—78. (In Russ.)
Kruglikov L. L., Lapshin V. F. About consequences of inclusion of category “criminal offence” in the russian criminal law. Ugolovnoe pravo, 2017, no. 4, pp. 80—84. (In Russ.)
Logetskiy A. A. Crime and misconduct in criminal law of the 19th and early 20th centuries. Cand. diss. thesis. Moscow, 2003. 35 p. (In Russ.)
Lopashenko N. A. Decrease in repressiveness of the criminal law: proposed measures and their assessment. Ugolovnoe pravo, 2017, no. 4, pp. 84—93. (In Russ.)
Loshenkova E. V. Liability in criminal law. Cand. diss. thesis. Moscow, 2007. 30 p. (In Russ.)
Malein N. S. Legal Responsibility and Justice. Moscow, 1992. 204 p. (In Russ.)
Mikhal' O. A., Vlasov Yu. A. The Criminal Offence in Russian Criminal Law. Sovremennoe pravo, 2014, no. 3, pp. 110—115. (In Russ.)
Nechaev A. D., Yanina I. Yu. Administrative prejudice in the criminal law: problems of acts (de)criminalization and thier insignificance. Probely v rossiyskom zakonodatel'stve, 2017, no. 6, pp. 37—42. (In Russ.)
Pavlova L. O. Criminal misconduct as a prospect of deepening the differentiation of criminal responsibility. Nauchnyy al'manakh, 2017, no. 2-1 (28), pp. 360—363. (In Russ.)
Plaksina T. A. Liability for beatings in light of the alleged introduction into law of the concept of criminal misconduct. Altayskiy yuridicheskiy vestnik, 2018, no. 22, pp. 115—119. (In Russ.)
Pozdnyakova A. R. Criminal misconduct from the perspective of the issue of criminal law protection of the life and health of a newborn child. Uchenye zapiski Kazanskogo yuridicheskogo instituta MVD Rossii, 2018, vol. 3, no. 1 (5), pp. 28—32. (In Russ.)
Skripchenko N. Yu. “Criminal Misdeed”: To Release or to Punish (Analysis of the Federal Law Approved by the Russian Supreme Court's Plenary Decision from October 31, 2017). Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 10, pp. 85—90. (In Russ.) DOI: 10.12737/art_2018_10_8
Strogovich M. S. Main issues of Soviet socialist legality. Moscow, 1996. 252 p. (In Russ.)
Timoshenko Yu. A. Criminal offense: way of interindustry rapprochement or differentiation of criminal liability? Ugolovnoe pravo, 2017, no. 4, pp. 112—115. (In Russ.)
Yanina I. Yu. Causing and special causing in criminal law. Moscow, 2019. 240 p. (In Russ.)
Zhuk M. S. Teaching on the Institutions of Russian Criminal Law (Conceptual Foundations and Prospects for Development). Moscow, 2013. 304 p. (In Russ.)