PRIVILEGED COMPOSITIONS OF MURDERS IN RUSSIAN CRIMINAL LAW: THEORETICAL AND METHODOLOGICAL ANALYSIS

Evgeniya Fedotova

doi:doi:

UDC 340.1

PRIVILEGED COMPOSITIONS OF MURDERS IN RUSSIAN CRIMINAL LAW: THEORETICAL AND METHODOLOGICAL ANALYSIS

Published в Vestnik of the East Siberian institute of the Ministry of internal affairs of the Russian Federation · Issue 4, 2023 · Pages 276–285 · Rubrics: Criminal law sciences

Received: 27.10.2023 Accepted: 11.01.2024 Published: 11.01.2024

Authors

Evgeniya Fedotova ¹

1 THE ACADEMY OF THE FPS OF RUSSIA (kafedra ugolovnogo prava, docent)
Ryazan, Orel, Russian Federation

ABSTRACT

Introduction: At any stage in the development of society, life protection is given special importance, with which criminal legal means of protection are traditionally given a leading role. Thus, the structure of a special part of the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation) reflects a certain hierarchy of values of modern society, which is why it begins with crimes against life, where, in a row with murder, there is a set of norms that establish responsibility for intentionally causing death to another person, with the special circumstances of its commission taken into account. These norms establish a milder responsibility for murder (Articles 106-108 of the Criminal Code of the Russian Federation). The designated compositions in the doctrine of criminal law are usually called privileged. This article is devoted to the analysis of these standards. Materials and methods. During the scientific study of privileged murder compositions, the materials of the latest dissertation studies devoted to this problem, statistics from the Judicial Department under the Supreme Court of the Russian Federation, and foreign experience in criminal prosecution for murders under extenuating circumstances were studied and summarized. Research methods are a statistical method (when studying and analyzing statistical data of the Judicial Department under the Supreme Court of the Russian Federation), a comparative analysis method (when studying doctrinal and legal sources, domestic and foreign law enforcement practice), a formal logical method (when formulating the conclusions of the study), as well as other general scientific and private scientific methods of cognition (deduction, induction, etc.). Conclusions and conclusion. The result of the study is scientifically based conclusions about the need to optimize the system of privileged killings in the current legislation, by excluding Art. 106 of the Criminal Code.

KEYWORDS

murder privileged compositions of murders; infanticide; murder by the mother of a newborn child; murder in a state of affect; murder if the limits of necessary defense are exceeded; murder in excess of the measures necessary to detain the person who committed the crime

Information

Authors:

1. THE ACADEMY OF THE FPS OF RUSSIA (kafedra ugolovnogo prava, docent)

Ryazan, Orel, Russian Federation

Type:

Article

Pages:

from 276 to 285

Status:

Published

Subject area:

UDC 340.1

Language:

Russian

Keywords:

murder, privileged compositions of murders; infanticide; murder by the mother of a newborn child; murder in a state of affect; murder if the limits of necessary defense are exceeded; murder in excess of the measures necessary to detain the person who committed the crime

References

1. Sidorova E.Z. History of infanticide in criminal law of Russia//Scientific digest of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2019. № 1 (1). PP. 151-153.

2. Khatuev V.B. Evolution of the criminal legislation of Russia on responsibility for the murder of a newborn child by a mother//Lex russica. 2019. № 1. PP. 83 - 96.

3. Kazakova V.A., Inshakov S.M. Correction of legal terminology in the mechanism of obtaining a criminal law of legal essence//Journal of Russian Law. 2020. № 6. PP. 120-133.

4. Alenkin N.E. The system of privileged murder in the criminal law of Russia: problems of improvement: abstract dis....cand. jurid. Sciences/Mosk. State University named after M.V. Lomonosov. Moscow, 2017. 34p.

5. MilaevaM.Yu. Problems of qualification of privileged compositions 106, 107 and 108 of the Criminal Code of the Russian Federation: controversial issues and their solutions//Legal science. 2021. № 10. PP. 56-60.

PRIVILEGED COMPOSITIONS OF MURDERS IN RUSSIAN CRIMINAL LAW: THEORETICAL AND METHODOLOGICAL ANALYSIS

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