Problems of regulation of qualified and specially qualified signs of suicidal tendencies or assistance in committing suicide

Purpose of research. The scientific article submitted for publication aims at a detailed analysis of qualifying and especially qualifying features United by article 110.1 of the criminal code of the Russian Federation, identifying possible shortcomings and formulating proposals for their elimination and qualification of the relevant norms. Results. The analysis of the problem presented in the title of the article allows us to formulate the following conclusions and suggestions: 1. In view of the inadmissibility of unjustified narrowing of the criminal-law protection of the individual, we believe that, in relation to the offence under article 110.1 of the Criminal code, a sign of helplessness should be treated the same way as it is understood in the Resolution Of The Plenum Of The Supreme Court Of The Russian Federation dated 04.12.2014 N 16 "About court practice on cases on crimes against sexual inviolability and sexual freedom of person". 2. Under article 110.1 of the Criminal code of the Russian Federation, the term "knowledge" is used in relation to the signs of "helplessness" and "pregnancy" of the victim, but not the sign of "minor" of the person concerned. This approach to the formulation of qualifying features, in our opinion, is inconsistent and creates a threat of objective imputation in the qualification of the relevant norm. In this regard, it seems appropriate to set out paragraph "a" of part 3 of article 110.1 of the Criminal code as follows: "a) in relation to a known minor or a person who is known to be helpless for the guilty person or who is financially or otherwise dependent on the guilty person" 3. Criminal liability for the considered type of assistance should be provided under article 110 of the criminal code, because the form in which it is provided for by part 2 of article 110.1 of the Criminal code, in essence, already covered by the provisions of article 110 of the Criminal law. 4. Repressive sanctions are provided for by part 6 of article 110.1 Criminal code seems unnecessary and, considering the principle of economy of criminal repression, it is proposed to reduce the lower and upper limits.

suicide, bringing, declining, assisting, qualifying attribute