Petty theft committed by the person subjected to administrative punishment: questions of the theory and practice

Автор: Kalininskaya Yana Sergeevna, Karpova Natalia Anatolyevna

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 5 (36), 2018 года.

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Purpose: To research the application of Article 158.1 of the Criminal Code of the Russian Federation criminalizing the petty theft committed by the person subjected to administrative punishment on the basis of generalization of materials of court practice and scientific positions of experts in the field of penal law. Methodology: General scientific and legalistic methods of research (including comparative, formal-legal and systematic approaches were used, as well as method of sociological analysis of criminal case files) were used. Results: In the article the topical questions concerning legal characteristic of the structure of this crime are analyzed, as well as the establishment of administrative pre-judiction as given in Article 158.1 of the Criminal Code of the Russian Federation. Qualification of petty theft is analyzed on the basis of the judicial interpretation given in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 of 27.12.2002 ‘On the Court Practice on Cases of Theft, Looting and Armed Robbery» and the published materials of law-enforcement as well. Novelty/originality/value: This article has a high scientific value and bears a big practical importance, as its prepositions can be used to improve the existing criminal legislation of the Russian Federation, develop new resolutions by the Plenum of the Supreme Court of the Russian Federation and define petty theft by the law-enforcement bodies.

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Короткий адрес: https://readera.ru/140237896

IDR: 140237896

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