Gaps in Russian Legislation Issue №5 — 2022

Problems of Qualifying Suicide or Facilitation to Suicide in Criminal Law
( Pp. 172-175)

Sheriyev Alberd Malilevich Golyandin Nikolay Petrovich Zhukova Alla Vladimirovna

Sheriyev Alberd Malilevich Cand.Sci.(Law), Police Lieutenant Colonel, Senior Lecturer of the Department of Special Disciplines, North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia Golyandin Nikolay Petrovich Cand.Sci.(Law), Associate Professor, Professor of the Department of Special Disciplines, North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia Zhukova Alla Vladimirovna Dr.Sci.(Pedagogics), Professor, Director of the private professional educational institution ""
North Caucasian College of Innovative Technologies
Pyatigorsk, Russia

Abstract:

The purpose of this study is the problem of qualifying inclination to suicide and promoting its commission in domestic criminal law, as well as ways to solve these problems. Currently, this topic has a high character of significance for the theory of criminal law and is relevant in the field of practical use. The relevance of the research topic is due to the need to improve and systematize the criminal - legal field in the field of offenses aimed at facilitating and inducing suicide. The objectives of the study are to analyze the problems that arise when qualifying an act that falls under the signs of Article 110.1 of the Criminal Code of the Russian Federation. In this context, difficulties arise in distinguishing a complex single crime, to which Article 110.1 of the Criminal Code of the Russian Federation relates, from a plurality of crimes. The second problem of qualifying this corpus delicti is formed by the competition of norms in the criminal-legal assessment. Since this composition is formed by means of the part and the whole, there is a competition between the norm - the part and the norm - the whole. Conclusions: we found that, in order to eliminate problems in qualifying inclination to suicide or facilitating its commission, it is necessary to distinguish between a single complex crime and plurality by analyzing the components that form a criminal offense, as well as using the General Part of the Criminal Law. Also, when solving the problem of competition of norms, it is necessary to systematize the sanctions provided for by the criminal law and the magnitude of the public danger of the act, while it is necessary to distinguish between the competition of norms and the ideal set of elements of a crime.

How to Cite:

Sheriyev A.M., Golyandin N.P., Zhukova A.V., (2022), PROBLEMS OF QUALIFYING SUICIDE OR FACILITATION TO SUICIDE IN CRIMINAL LAW. Gaps in Russian Legislation, 5 => 172-175.

Reference list:

Criminal Code of the Russian Federation of 06/13/1996 N 63-FZ (as amended on 12/30/2020).
Clause 7 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated November 30, 2017 No. 48 “On judicial practice in cases of fraud, misappropriation and embezzlement” // SPS “ConsultantPlus”.
Criminal law. Special part: Textbook. The second edition, corrected and supplemented / ed. Doctor of Law, Professor L.V. Inogamova-Khegai, Doctor of Law, Professor A.I. Rarog, Doctor of Law, Professor A.I. Chuchaev. - M.: Law Firm "KONTRAKT": INFRAM, 2008. - 795 p.
Nikolayeva, A. A. Declining to commit suicide or assisting in committing suicide: problems of qualification and law enforcement / A. A. Nikolaeva // Young scientist. - 2020. - No. 52 (342). - Page 231-232.

Keywords:

declination, suicide, problems of qualification, corpus delicti, assistance, competition of norms.

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