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SOME ISSUES OF STEALING QUALIFICATION (BASED ON THE ANALYSIS OF LAW ENFORCEMENT PRACTICE)

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PDF: Author(s): Elets E. A., Knyazkina A. K.,
Number of journal: 3(48) Date: August 2019
Annotation:

The article examines some issues related to the qualification of various forms of theft. In particular, the paper deals with the problem of determining the end of the theft, which has not so much theoretical as applied value, which provides the possibility of correct qualification of the person. In addition, the article analyzes the problem of establishing features that characterize the subjective side of theft, which, as a rule, is committed with direct intent and with a selfish purpose (as indicated by the legislator), but these features are not always correctly established by law enforcement. In this case, the specified intent should occur before the crime commitment, but in law enforcement practice there are situations where criminal cases are initiated in the absence of such. Also often there is a problem of delimitation of receiving a bribe and commercial bribery from fraud. As a mistake in law enforcement practice should be considered and situations where fraud is masked by civil law relations. In this case, it is necessary to find out the presence of intent on the unlawful seizure of someone else’s property, which can be implemented only by correct investigative actions. The article presents extensive statistical data characterizing the level of theft in the overall structure of crime, identifies trends and patterns of development of this group of attacks. The authors, being not only teachers, but also practical workers, consider the stated issues, based on specific examples available in law enforcement practice, which they personally encountered in the implementation of their professional activities, as well as guided by the explanations given by the Supreme Court of the Russian Federation, in relation to specific forms of theft, analyze existing approaches to solving these problems and offer specific solutions. In conclusion, the authors conclude that practitioners do not always correctly assess the totality of the circumstances of the case, and therefore allow inaccuracies in the criminal-legal assessment of the committed acts.

Keywords:

criminal law, crime, stealing, theft, fraud, embezzlement, misappropriation, bribery, commercial bribery, bribe, crimes against property.

For citation:

Elets E. A., Knyazkina A. K. Some issues of stealing qualification (based on the analysis of law enforcement practice). Business. Education. Law, 2019, no. 3, pp. 255–260. DOI: 10.25683/VOLBI.2019.48.307.