Проблемы законодательного конструирования уголовно-правовых норм, направленных на защиту объектов топливно-энергетической инфраструктуры Российской Федерации

Abstract

Within the framework of the article, the author formulates problems associated with the legislative design of criminal law norms that provide for criminal liability for unauthorized connection to oil pipelines, oil product pipelines, and gas pipelines, or for making them unusable. The aim of the article was to develop and formulate approaches to the elimination of legal conflicts arising from the incorrect formulation of criminal law norms and to improve the practice of applying the norms of the Criminal Code of the Russian Federation, provided for by Art. 2153 of the Criminal Code of the Russian Federation. The article is based on the doctrinal provisions of the science of criminal law concerning the legal technique of designing criminal law norms, as well as materials of law enforcement practice. As a result of the study, the author demonstrates an internal inconsistency in the prescriptions of Art. 2153 of the Criminal Code of the Russian Federation, associated with excessive overload and fundamental incompatibility of signs of corpus delicti within the framework of one norm of the Criminal Code of the Russian Federation. In particular, mandatory signs of a particularly qualifying corpus delicti must include a special subject, a person subjected to administrative punishment for a similar act, and consequences, in the form of disruption of the normal operation of the oil pipeline and selfish or hooligan motives in the perpetrator's behavior. Thus, it is impossible to apply the provisions in practice without violating the principle of legality and using the analogy of criminal law. The author states that in many ways the nature of the origin of the problems that we have to speak about more and more often are constant questions about the competition between general and specific norms, and, if these questions are undecidable, we have to speak about the widespread use of the banned analogy. The conclusions of the study are: the author's proposals on amending Art. 2153 of the Criminal Code of the Russian Federation and other norms of the criminal law; an indication of the need to eliminate unnecessary duplication of the norms of the Criminal Code of the Russian Federation and to create more and more highly specialized special norms that compete with general criminal law prohibitions. In addition, the ways of changing approaches to the qualification of these acts have been identified; these ways allow for a consistent counteraction to negative socially dangerous acts and respect for the interests and rights of citizens.