Issues of delineating of encroachment on the life of a person who carries out justice or a preliminary investigation, and murder in connection with the implementation of the victim performance

The purpose of writing research work. One of the main problems in law enforcement practice at all stages of pre-trial and judicial proceedings - initiation of a case, the implementation of preliminary investigation, inquiry, trial, are issues related to the definition of correct qualifications, including the separation of related crimes from each other. This scientific article has its own goals to identify the distinctive signs of infringement on the life of the person carrying out justice, preliminary investigation ( art. 295 of the Criminal code of the Russian Federation), and murders in connection with the performance of the victims' official activities (p. «b» p. 2 art. 105 of the Criminal code of the Russian Federation), the development of socially conditioned and scientifically sound proposals to improve the disposition of art. 295 of the Criminal code Russian Federation. Findings from the study. Crimes under section b. 2 p. 105 and art. 295 Criminal code of the Russian Federation, correlated with each other as a general and special composition of crimes. In the event of competition, if there are signs provided by a special rule, the crime should be qualified by the rule establishing responsibility for the special composition (art. 295 of the Criminal code of the Russian Federation). The design of the crime, provided in the current edition of art. 295 of the Criminal code of the Russian Federation, creates a conflict with the provisions of art. 29-30, 66 of the general part of the Criminal code of the Russian Federation, regulating questions about the unfinished crime, sentencing for it. It is proposed to amend the regulation of the objective party of the crime under art. 295 of the Criminal code of the Russian Federation. Instead of the overly broad concept of «infringement on life», which includes both the intentional infliction of death and the attempt on it, it is necessary to provide only the intentional infliction of a lethal person specified in the disposition of Art. 295 criminal code of the Russian Federation, to exclude from this crime attempted murder, which should be considered by the general rule as an unfinished crime.

criminal qualifications, related crimes, competing norms, demarcation