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Пробелы в российском законодательстве  / №1 2017

CRIMES ENCROACHING ON THE AUTHORITY OF GOVERNMENT AND INVIOLABILITY OF THE STATE BORDER OF THE RUSSIAN FEDERATION (300,00 руб.)

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Первый авторIsfandiyar Aghayev
Страниц3
ID597140
АннотацияThe State power in the Russian Federation shail be exercised on the basis of its division into legislative, executive and judicial powers. According to article 12 of the Constitution of the Russian Federation, in addition to these branches of government, in the Russian Federation local self-government shall be recognized and guaranteed. When performing duties, officials shall be provided with strengthened security guaranteed by the norms of the Chapter 32 of the Criminal Code, which stipulates liability for the violation of normal activities of authorities and local self-government The legislator establishes severe penalties for encroachments on the procedure of governance, and thereby seeks to ensure the most favorable conditions for normal realization of power relations between administering (officials, administrative bodies) and administered (citizens and organizations) subjects
Isfandiyar, A. CRIMES ENCROACHING ON THE AUTHORITY OF GOVERNMENT AND INVIOLABILITY OF THE STATE BORDER OF THE RUSSIAN FEDERATION / A. Isfandiyar // Пробелы в российском законодательстве .— 2017 .— №1 .— С. 231-233 .— URL: https://rucont.ru/efd/597140 (дата обращения: 26.04.2024)

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CRIMES ENCROACHING ON THE AUTHORITY OF GOVERNMENT AND INVIOLABILITY OF THE STATE BORDER OF THE RUSSIAN FEDERATION Aghayev Isfandiyar, Dr of law, Professor. <...> Annotation: The State power in the Russian Federation shall be exercised on the basis of its division into legislative, executive and judicial powers. <...> According to article 12 of the Constitution of the Russian Federation, in addition to these branches of government, in the Russian Federation local self-government shall be recognized and guaranteed. <...> When performing duties, officials shall be provided with strengthened security guaranteed by the norms of the Chapter 32 of the Criminal Code, which stipulates liability for the violation of normal activities of authorities and local self-government. <...> The legislator establishes severe penalties for encroachments on the procedure of governance, and thereby seeks to ensure the most favorable conditions for normal realization of power relations between administering (officials, administrative bodies) and administered (citizens and organizations) subjects. <...> Crimes encroaching on the authority of government and inviolability of the State Border of the Russian Federation is a group of crimes entering the system of crimes against Aghayev I. the procedure of governance. <...> Crimes against the procedure of governance involve deeds counteracting administrative activities of State authorities and local selfgovernments, as well as normal functioning thereof, which lead often to violation of citizens’ rights. <...> Typical object of these crimes is the order of State and local administration. <...> Additional objects may include life, health, honor and dignity of the person. <...> From objective aspect, crimes against the procedure of governance are characterized by active form of behavior, which is evidenced by the character of terms used by the legislator, such as the use of violence, disclosure of information, forgery, stealing, destruction, etc. <...> Some corpus delictis indicate the place of committing a crime as an obligatory sign, for example, the State Border of the the Russian Federation. <...> Subjective aspects of crimes are characterized by intentional guilt (direct or indirect form). <...> Crime committers assume sane individuals, who have reached age of sixteen (general committer) and, in some cases, special committers. <...> Illegal crossing of the State Border of the Russian Federation (art.322 of the Criminal Code) provides commitment of such actions without valid documents or out of a checkpoint of the State border. <...> Direct object of the crime is the order of crossing the State border of the Russian Federation. <...> The concept of the State border of the Russian <...>