Some problems of classification of crimes committed with violence according to the Russian criminal law


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Abstract

Crimes committed with violence are related to the trespass to a person, person’s basic benefits and freedoms (life, health, and physical integrity). The RF Constitutional Court emphasizes the duty of the state to develop measures to counter criminal violence. A criminal policy to counter violence, primarily sexual infringements against children, holds a specific place. Following these principles, the legislator strengthened criminal liability for a number of violent crimes. The paper analyzes the content of Articles 116.1, 117, 131, 132, 286, and 302 of the Criminal Code of the Russian Federation subjected to amendments and additions in 2022. The author places emphasis on the study of those criminal legislation innovations, in respect of which there are no experience in the scientific doctrine and explanations of the highest court. To form a conceptual apparatus, the author carried out the theoretical studies of scientific publications related to the topic of violent crimes. For the same purpose, the provisions of the explanations of the Russian Federation Supreme Court Plenum were analyzed. Moreover, the author examined the acts of the highest court for their compliance with the amended editions of Articles 131, 132, 286 of the RF Criminal Code. According to the results of the study, the author formulates the concepts of violent crimes and crimes committed with violence. The paper presents the proposals for the classification of crimes under Articles 286 and 302 of the RF Criminal Code in the event of a competition between them and the recommendations on the classification of crimes under Articles 131, 132 of the RF Criminal Code committed against minors and associated with serious or especially serious crimes against a person.

About the authors

Olga Yuryevna Savelyeva

Togliatti State University, Togliatti

Author for correspondence.
Email: saveleva_olga@mail.ru
ORCID iD: 0000-0002-5214-4968

PhD (Law), assistant professor of Chair “Criminal Law and Procedure”

Russian Federation

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