employee
Ekaterinburg, Russian Federation
UDC 343.34
CSCSTI 10.77
Russian Library and Bibliographic Classification 67408
Russian Trade and Bibliographic Classification 758
The increased cases of theft of metal equipment from life-support facilities have become the result of establishing an independent, in a separate article of the Criminal Code of the Russian Federation, criminal law prohibition for actions, related to the threat to the population as a result of the mentioned objects damage. The aim of the research is to examine the issues of crime qualification according to the Article 215.2 of the Criminal Code of the Russian Federation, and to work out the recommendations concerning the appropriate application of this norm. On the basis of the analysis of normative legal acts and materials of judicial practice, the objective and subjective features of the analyzed crime have been studied. Particular attention is given to the characteristic and features of the subject of the crime — life-support facilities. It has been determined that most of such crimes are committed in combination with property crimes. The author also concludes that the life-support facility should be serviceable and function properly at the time of damage. The cases causing difficulties in law enforcement practice to distinguish this crime from related offences are analyzed, including crimes against the person, property and public safety. The obtained results of the study are verified by the examples from court convictions.
life-support facility, destruction, damage, power engineering, connection, housing and communal services, theft
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