Controversial Issues of Responsibility for Crimes that Infringe on the Freedom to Determine the Place of Their Stay, According to the Criminal Code of the Russian Federation
( Pp. 137-143)

The purpose of the study is to improve the institution of criminal responsibility for crimes that infringe on the freedom to determine the place of their stay, as well as to develop and make proposals to improve the relevant law enforcement activities. In particular, these are the acts provided for in Article 126 "Kidnapping", Article 127 "Illegal deprivation of liberty", Article 206 "Hostage-taking" and Article 301 "Illegal detention, detention or detention" of the Criminal Code of the Russian Federation. The listed crimes are in different chapters of the Special Part of the Criminal Code of the Russian Federation, however, they have an undoubted similarity with each other, since they all encroach on the realization of the right to freedom and personal inviolability provided for in Article 22 of the Constitution of the Russian Federation. During the study of the issue, in particular, controversial points were identified related to the distinction between kidnapping and hostage-taking, theft and abduction, the commission of acts for selfish motives and for hire. Author's proposals for improving legislation and law enforcement practice are substantiated and made. The conducted research gives grounds to conclude that the constitutions of various crimes provided for by the Criminal Code of the Russian Federation, encroaching on the freedom to determine the place of their stay, were originally constructed independently of each other (a certain exception is partly only kidnapping and illegal deprivation of liberty), which caused a significant number of questions about the differentiation of the corresponding crimes among themselves in law enforcement activities. In relation to the group of crimes under consideration, the recognition of the main criterion for distinguishing hostage-taking from related crimes is the presence of a requirement for other persons (not a hostage), the fulfillment of which is a condition for the release of the hostage.

Bikeev I.I., Klemin A.V., Zharov S.N., (2023), CONTROVERSIAL ISSUES OF RESPONSIBILITY FOR CRIMES THAT INFRINGE ON THE FREEDOM TO DETERMINE THE PLACE OF THEIR STAY, ACCORDING TO THE CRIMINAL CODE OF THE RUSSIAN FEDERATION. Gaps in Russian Legislation, 1 => 137-143.

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criminal liability, crimes encroaching on the freedom to determine the place of their stay, delineation of crimes, the principle of legality, unity of law enforcement activities.