The criminal legal attempt to protect the person from mental violence
( Pp. 158-160)

Theoretical studies of the rules on the threat of death or causation of severe physical harm identify a number of its shortcomings. Even so most of them are somehow related to two important issues: about the real object on which relevant criminal acts are directed, and about the proper stocktaking of its public danger level. In this work we attempt to consider certain questions by the example of specific crimes to determine the consequences to which they can lead in enforcement practice. For analysis on the official websites of the judiciary, judicial decisions in criminal cases brought under article 119 of the Criminal Code of the Russian Federation between late 2011 to early 2013 in the Lipetsk region were selected. Based on these texts acts we have characterized the acts qualified as the threat of death or causation of severe physical harm Shortcomings of the rules (art. 119) are reflected in the practice of the law enforcer. In fact, the questions about the encroachment object and qualifying signs of threats, which are undecided by the legislator, produce only additional questions in judicial practice: about qualification of the threat of death or causation of severe physical harm followed by physical violence against victim, about defining the purposes of committing threats, etc. Application limits of the rules (art. 119) in judicial practice are wide enough. They include an open list of threats that meet the legislatively prescribed content and constitute itself forms of psychological violence against the person, and also include the threats followed by physical damage to the addressee. And besides, in regard to the first group acts the law enforcer has no precise ways to differentiation its public danger levels. Qualification of the second group acts is inextricably linked to the unsolved problem of delimitation of criminal threats and criminal forms of physical violence against the person. The findings can be used to develop proposals for improving the criminal law in the protection of the person against psychological violence in general and to adjustment for the rules of article 119 of the Criminal Code of the Russian Federation in particular.

Zhdanov Y.A., (2014), THE CRIMINAL LEGAL ATTEMPT TO PROTECT THE PERSON FROM MENTAL VIOLENCE. Gaps in Russian Legislation, 1 => 158-160.

ZHdanov YU.A. O soderzhanii priznaka real noy opasnosti ugrozy ubiystvom ili prichineniem tyazhkogo vreda zdorov yu // CHernye dyry v Rossiyskom zakonodatel stve. - 2013. - №1.

the threat, protection, mental violence.