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On some problems of the legislation and practice of applying the institution of complicity

Filimonov Andrey Anatolievich  (Senior lecturer of the Vladivostok Branch of the Federal State Educational Establishment of the Russian Federation for the "Twenty Russian Interior Ministry")

Zhernovoi Mikhail Vasilyevich  (PhD in Law, Associate Professor, Vladivostok Branch of the Federal State Educational Establishment of the Russian Federation for the "Twenty Russian Interior Ministry")

Gunkin Igor Valentinovich  (Ph.D., Senior lecturer of the Vladivostok Branch of the Federal State Educational Establishment of the Russian Federation for the "Twenty Russian Interior Ministry")

Safronov Alexander Y.  (Teacher, Vladivostok Branch of the Federal State Educational Establishment of the Russian Federation for the "Twenty Russian Interior Ministry")

The article is devoted to an important institution of criminal law science - the institution of complicity in the Criminal Code of the Russian Federation. The authors analyzed the legal norms and domestic criminal law, as well as law enforcement practices in this area. Issues regarding the rules of sentencing with complicity, as well as problematic issues of determining the form and type of complicity were discussed. In the course of the study, a formal-logical method, a systematic analysis of the norms of Russian legislation, and comparative law were used. The authors come to the conclusion that there are a number of legal conflicts in the existing criminal legislation and judicial practice of application of the rules on complicity contained in the Plenary Sessions of the Supreme Court of the Russian Federation.

Keywords:criminal liability, the crime, complicity, criminal group, instigator, organizer

 

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Citation link:
Filimonov A. A., Zhernovoi M. V., Gunkin I. V., Safronov A. Y. On some problems of the legislation and practice of applying the institution of complicity // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2019. -№08. -С. 129-134
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