On Some Problems of Qualifying Criminally Punishable Mass Riots
Kurguzkina E.B., Vlasova N.A. On some problems of qualifying criminally punishable mass riots. Penitentiary Science, 2024, vol. 18, no. 4 (68), pp. 376–384. doi 10.46741/2686-9764.2024.68.4.004
The article is devoted to certain controversial issues of qualification of elements of criminally punishable mass riots committed in penitentiary institutions. Purpose: based on the analysis of the problems of applying some qualifying elements of mass riots, to develop proposals for improving criminal legislation. Methods: comparative-legal, structural-logical, method of dialectical cognition, induction, deduction, analysis, synthesis, etc. Results: the article has characterized legislative elements of mass riots, such as the use of weapons, provision of armed resistance, organization of mass riots, persuasion, recruitment or other involvement of a person in the commission of mass riots, etc. Controversial issues of individual elements of the composition of criminally punishable mass riots are studied. Conclusion: based on the study of theoretical provisions, norms of the criminal law and extensive empirical material, proposals are developed to clarify Article 212 of the Criminal Code of the Russian Federation. The author’s concept of the use of weapons and armed resistance during mass riots is proposed, the totality of persons belonging to government representatives within the framework of the application of Article 12 of the Criminal Code of the Russian Federation is determined, the need to specify citizens involved in the protection of public order is proved. The analysis of the organization of mass riots and the training of the organizer of mass riots is carried out. There is a need to distinguish between calls for violence against citizens and calls for mass riots. It is proposed to exclude an element of violence against citizens from the disposition of Article 212 of the Criminal Code of the Russian Federation as redundant.
Keywords: Mass riots; government representative; use of weapons; calls for mass riots; penal system; Federal Penitentiary Service of Russia
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