On the issue of establishing the circle of the victims in the encroachment on the life of the law enforcement officer
the article deals with the problematic issues of establishing the circle of persons who can act as victims in committing encroachments on the lives of law enforcement officers. the system of law enforcement bodies in order to ensure public safety and public order should fully protect the lives of its employees who are at risk of criminal encroachments in the course of ensuring law and order.
analysis of the disposition of art. 317 of the Criminal Code of the russian Federation leads to the conclusion that the legislative formulation does not fully allow the correct determination of the range of victims and, as a result, there are errors in the criminal-legal assessment of these acts.
Based on the current norms of criminal law and law enforcement practice in cases of attacks on the lives of law enforcement officers, problems can be identified by distinguishing them from related crimes that encroach on life. In the disposition of art. 317 of the Criminal Code of the russian Federation the legislator did not correctly formulate objective signs of encroachment, which makes it impossible to clearly define the range of victims of these crimes. From our point of view we can distinguish two types of victims under this article: a law enforcement officer and his close, through whom the perpetrator acts on the law enforcement officer.
the lack of legislative consolidation of the list of law enforcement bodies raises controversy among researchers, therefore proposals are made to be included in the number of victims under art.317 of the Criminal Code of the russian Federation employees of private detective and security structures.
In order to ensure the criminal law protection of the life of law enforcers is proposed in the disposition of art. 317 of the Criminal Code to expand the circle of persons recognized as victims including their number of employees carrying state law enforcement service and to supplement this article note, which fix the list of law enforcement agencies to ensure public order and safety serving in that provides a basis for recognition victims under art.317 of the Criminal Code as their employees, so their close ones.
Keywords: victim; corpus delicti; employee; law enforcement agency; encroachment; murder.
2. nikonov I. e. otvetstvennost’ za prestupleniya protiv lic i ih blizkih v svyazi s ispolneniem imi svoej sluzhebnoj deyatel’nosti ili vypolneniem obshchestvennogo dolga : monogr. [responsibility for crimes against persons and their relatives in connection with the performance by them of their official activities or the performance of public duty : monograph]. Moscow, 2008. 174 p. (In russ.).
3. Ponomarev a. yu. Problemy osushchestvleniya ohranno-sysknymi strukturami pravoohranitel’noj deyatel’nosti [Problems of the security-detective structures of law enforcement activities]. administrativnoe pravo i process – administrative law and Process. 2008. Iss. 5. P. 14–17. (In russ.).
4. rossijskoe ugolovnoe pravo: osobennaya chast’ / pod red. l. V. Inogamovoj-hegaj, V. S. Komissarova, a. I. raroga [russian criminal law: a special part ; ed. by l. V. Inogamova-hegai, V. S. Komissarov, a. I. rarog]. Moscow, 2008. 664 p. (In russ.).
5. Skutin C. l. Problemy ugolovno-pravovoj bor’by s prestupnymi posyagatel’stvami na zhizn’, zdorov’e i dostoinstvo rabotnikov milicii, ohranyayushchih obshchestvennyj poryadok : avtoref. dis. ... kand. yurid. nauk [Problems of criminal and legal struggle against criminal encroachments on the life, health and dignity of police officers guarding public order : the author’s abstract of the diss. ... PhD. in law]. Moscow, 1995. 24 p. (In russ.).
6. tkachenko B. C. ugolovno-pravovaya ohrana lichnosti sotrudnika pravoohranitel’nyh organov, obespechivayushchih obshchestvennyj poryadok i obshchestvennuyu bezopasnost’ : avtoref. dis. ... kand. yurid. nauk [Criminal legal protection of the personality of a law enforcement officer who provides public order and public safety : the author’s abstract of the diss. ... PhD. in law]. Moscow, 1998. P. 13. (In russ.).
7. ugolovnoe pravo rossijskoj Federacii. osobennaya chast’ / pod red. l. V. Inogamovoj-hegaj, a. I. raroga, a. I. Chuchaeva [the Criminal law of the russian Federation. Special part ; ed. by l. V. Inogamova-hegai, a. I. rarog, a. I. Chuchaev]. Moscow, 2009. 739 p. (In russ.).
