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Известия
Izvestiya of Altai State
University Journal
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3(91)2016

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I.A. Anisimova

Article 314.1 of the Criminal Code of the Russian Federation: Problems of Legislative Technique

Based on the analysis of legislation, scientific principles and jurisprudence, the author describes the most controversial elements of crimes envisaged by Parts 1, 2 of Art. 314.1 of the Criminal Code of the Russian Federation. The conclusion is that the complexities of the interpretation of the disputed signs arise due to the imperfection of the revision of Art. 314.1 of the Criminal Code of the Russian Federation and the nonobservance of the requirements of the legislative technique of precision, clarity and extreme conciseness of law’s provisions. The conclusion is proved by the example of the consideration of the following issues: the interpretation of the subject of the composition of the evasion of administrative supervision; the determination of the content of the objective side of the composition of the repeated failure to comply with the court in accordance with the federal law limits or restrictions; the validity of the fixing of the special purpose as a obligatory feature in the composition of the evasion of administrative supervision. The article offers recommendations for overcoming of the shortcomings of Art. 314.1 of the Criminal Code of the Russian Federation. It is stated that there is a mismatch between precision and clarity of law’s provisions in the Article. The legislative will is not expressed exactly enough in the text of the provision causing an erroneous perception of the legal prescriptions, the supposed clarity. The overcoming of the discrepancy between accuracy and clarity of the law requires drafting of the amendments, in particular alterations to Part 1 of Art. 314.1 of the Criminal Code of the Russian Federation and the note to it and it cannot be achieved by a broad interpretation of rules by the Plenum of the Supreme Court of the Russian Federation.

DOI 10.14258/izvasu(2016)3-01

Key words: administrative supervision, subject of evasion of administrative supervision, purpose of evasion, repeated failure of limits or restrictions, legislative technique

Full text at PDF, 685Kb. Language: Russian.

ANISIMOVA I.A.
Altai State University (Barnaul, Russia)
E-mail: anisimovaia@bk.ru

 

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