The Small Significance of the Act: Criteria for Establishing, Features of Law Enforcement

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Abstract

The purpose of the stated study is to determine what is the measure of the public danger of an act when deciding on the application of the provision provided for in Part 2 of Article 14 of the Criminal Code of the Russian Federation. The article analyzes judicial acts in criminal cases and court rulings in cases of administrative offenses, evaluates the criteria chosen by the law enforcement officer for a low degree of public danger of the committed act in specific cases of application of Part 2 of Article 14 of the Criminal Code of the Russian Federation. The main mistakes that are made by the court when deciding whether to recognize an act (or an administrative offense) as insignificant are noted. The study used systemic and structural approaches; formal-legal, sociological, formal-logical. As a conclusion, it is noted that the court, applying the provision provided for in Part 2 of Article 14 of the Criminal Code of the Russian Federation, takes into account the totality of circumstances of the actually committed act, indicating that no significant harm was caused to the object of criminal law protection or that there was no threat of harm to the object of criminal law protection, i.e. a low degree of its public danger.

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About the authors

Daria A. Kovlagina

Saratov State Law Academy

Author for correspondence.
Email: kov-darya@yandex.ru
ORCID iD: 0000-0002-3593-5493
SPIN-code: 3130-0801

Cand.Sci.(Law), Associate Professor of the Department of Criminal and Penal Law

Russian Federation, Saratov

References

  1. Gerasimov A.M. Insignificance of an act under criminal law and administrative-tort law: nature and content // LEX RUSSICA. 2024. No. 5.
  2. Ivanchin A.V. Conceptual foundations of the construction of the corpus delicti: dis. ...dr. jurid. sciences'. Yaroslavl, 2014.
  3. Komyagin R.A. Insignificance of an act in criminal law: theoretical modeling of the concept and algorithm of establishment // Union of Criminologists and Criminologists, 2021. No. 4.

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