Некоторые проблемы квалификации преступлений, связанных с корпоративными захватами (по материалам судебной практики). Часть 1

Abstract

The article deals with certain problems of applying the norms of criminal law in the field of counteracting raider seizures. A brief analysis of the dispositions of part one of article 170.1 and part one of article 185.5 of the Criminal Code of Russia is given, attention is drawn to certain shortcomings in the structure of offenses and contradictions that arise in law enforcement. Statistical data for the last three years on the number of persons convicted of these crimes are given. The judicial practice in criminal cases considered under the indicated articles in various regions of Russia is summarized, excerpts from court verdicts and judicial acts of the appellate and cassation instances are given. The problems of qualification of socially dangerous attacks committed with the aim of seizing the management of organizations, and their competition with the elements of crimes provided for by Articles 159, 327 of the Criminal Code of the Russian Federation, are touched upon. The points of view of some scientific and practical workers on the issues of the topic are given and the author’s personal position on solving the problems that have arisen is expressed in order to avoid mistakes in law enforcement practice.