Issues of Distinguishing Between the Issuance of a Deliberately Unjust Judicial Decision and Crimes Against the Person (Articles 128 and 154 of the Criminal Code of the Russian Federation)
- Authors: Zenina L.S.1
-
Affiliations:
- Moscow City Court
- Issue: Vol 16, No 7 (2023)
- Pages: 267-272
- Section: Разное
- URL: https://journals.eco-vector.com/2072-3164/article/view/625695
- EDN: https://elibrary.ru/SMRNOJ
- ID: 625695
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Abstract
The Purpose of the study. This article discusses current issues of distinguishing the elements of making a knowingly unjust judicial decision from the elements of crimes against the person (Articles 128 and 154 of the Criminal Code of the Russian Federation). The author sets himself the goal of developing recommendations for improving the normative regulation and practice of applying the criminal law in terms of qualification of these acts.
Conclusions. The study of the features of the regulation of criminal liability for the issuance of a knowingly unjust judicial decision, as well as the identified problems associated with the qualification of such acts, made it possible to focus on possible areas for improving the current Russian criminal legislation, which makes it possible to increase the effectiveness of criminal legal counteraction to the issuance of unjust judicial decisions and to differentiate the composition of crimes provided for in Article 305 of the Criminal Code of the Russian Federation, with related offenses against the person.
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About the authors
Larisa S. Zenina
Moscow City Court
Author for correspondence.
Email: ugp-asp@yandex.ru
Judge
Russian Federation, MoscowReferences
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