LIMITING CORPUS DELICTI OF ACQUISITION OR DISTRIBUTING PROPERTY SCIENTER OBTAINED BY ILLEGAL MEANS FROM CORPUS DELICTI OF LEGALIZATION (LAUNDERING) OF MONEY OR OTHER PROPERTY ACQUIRED BY OTHER PEOPLE BY ILLEGAL MEANS (Art. 174 of the Russian Criminal Code)

Abstract

Objective: To prove that corpus delicti of acquisition or distributing property scienter obtained by illegal means is adjacent to corpus delicti of legalization (laundering) of money or other property acquired by other people by illegal means. Methods: The methodological base of the research is the general dialectic method of cognition allowing to research the phenomena and processes of the reality in their historical development, interconnection and interdependence, and the general scientific, special and private legal methods. Results: Basing on the carried out analysis of the significant volume of court practice materials, as well as significant number of reaserchers of jurisprudence, it is proved that acquisition or distributing property scienter obtained by illegal means is adjacent to corpus delicti of legalization (laundering) of money or other property acquired by other people by illegal means. Scientific novelty: Provisions are elaborated that acquisition or distributing property scienter obtained by illegal means has all features of the crime stipulated in Article 174 of the Russian Criminal Code and, being a special norm, differs from it by the crime object only, which is narrower in Article 175 of the Russian Criminal Code. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile when teaching “Criminal law”, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.

Keywords

• scienter obtained by illegal means
• legalization
• adjacent corpus delicti