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CRIMINAL POLICY IN COUNTERACTION TO SMUGGLING

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PDF: Author(s): Ryabko N. V.,
Number of journal: 3(44) Date: August 2018
Annotation:

This article discusses the formation of the criminal policy of the Russian state in the field of combating smuggling at various stages of its formation and implementation, as well as some problematic issues of legal assessment of smuggling in the Russian criminal legislation. Regulatory legal enactments in the sphere of counteraction to smuggling at various stages of formation of the Russian state are subject to the scientific analysis. In the Strategy of national security of the Russian Federation among the main threats to the national security of Russia, the main priority areas of the criminal policy of the Russian Federation called the economic security of the state. At present, the Russian Federation has seen a steady increase in the number of contraband crimes, which is reflected in a significant increase in crimes against public health and public morality, as well as in the facts of evasion of customs duties. The existing specificity of customs relations within the framework of the Eurasian economic Union is due to certain differences in the design of smuggling trains, in ensuring the regime of movement of goods across the State and customs borders of the Russian Federation, which provokes the illegal movement of contraband goods into the territory of Russia. In this regard, it is necessary to carry out serious work in terms of improving national regulatory legal acts and unification of relevant laws within the framework of the Eurasian economic Union in the field of combating smuggling. In the context of sanctions by foreign states, the current situation of illegal movement of goods not produced in the territories of the States from which they actually move, when producers are forced to look for criminal options for the movement of their products, has worsened. The author analyzes the views available in the legal literature on the issues under consideration, regulatory legal acts in the field of regulation of these legal relations, recommendations of the Supreme Court of the Russian Federation on the qualification of smuggling and presents the author’s position on these issues.

Keywords:

criminal policy, counteraction to smuggling, smuggling, object of smuggling, economic security, subject of smuggling, objective party of smuggling, smuggling crimes, criminal liability for smuggling, qualification of smuggling.

For citation:

Ryabko N. V. Criminal policy in counteraction to smuggling // Business. Education. Law. 2018. No. 3 (44). P. 307–312. DOI: 10.25683/VOLBI.2018.44.313.