Гуманитарные и юридические исследования (Sep 2021)
MANIFESTATIONS OF VIOLENT ACTION IN CRIMES UNDER CHAPTERS 17–34 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
Abstract
The study of violence as a method of committing a socially dangerous act is of great importance in criminal law, where the subject of scientific discourse is the issues of distinguishing criminal violence from non-criminal, types and methods of violence.This article is a continuation of the criminal law study of criminal violence, undertaken by its authors on the pages of one of the previous issues of the journal. In contrast to the previous publication, which was mainly devoted to the theory of the issue, they provide an overview of the forms and methods of accounting for criminally punishable violence by the norms of the Special Part of the Criminal Code of the Russian Federation.Having previously considered the features of violence in crimes against the life and health of the individual, in the reviewed article the authors identify the role of violence (both in its physical and mental forms) in crimes against freedom, against sexual inviolability and sexual freedom of the individual, against the constitutional rights and freedoms of man and citizen, against the family and minors. In all these cases, they differentiate not only the legal formulation of criminal violence, but also its forms, the severity of the consequences, as well as the characteristics of the qualification.In the same way, the legal analysis of the authors was also subject to the acts provided for in the remaining sections and chapters of the Criminal Code of the Russian Federation – from crimes against property to «international» crimes. At the same time, the article notes that the criminalization of violent crimes is by no means complete, since new articles appear in the criminal law of the country every year, containing constitutive and qualifying features that can be attributed to violent ones.Based on a brief review of the criminal law literature of recent years, the authors come to a reasonable conclusion about the lack of attention that the criminal law doctrine pays to issues of a general theoretical nature, devoted to the generalization of forms and types and the actualization of a unified theory of criminal violence.
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