Незаконные действия в отношении имущества, подвергнутого описи или аресту либо подлежащего конфискации

Abstract

Introduction. Damages from crimes in 2022 (for completed and suspended criminal cases) amounted to 748.3 billion roubles. Article 312 of the Criminal Code of the Russian Federation is designed to ensure the proper functioning of the law enforcement system for the execution of punishment or compensation of damages. There are theoretical and practical problems in qualifying offences under paragraphs 1 and 2 of Article 312 of the Criminal Code of the Russian Federation. These problems increase the risk of harm to justice, and also make it difficult or impossible to execute court decisions (in enforcement proceedings), to compensate for damages caused by a crime or other offence, to carry out confiscation of property imposed by a court verdict.
 Methods. The following cognitive methods serve as a methodological basis for the study: system structural, descriptive-analytical and statistical methods, the application of which made it possible to study the crimes under Article 312 of the Criminal Code of the Russian Federation.
 Results. As a conclusion the author formulates proposals for improving the current law enforcement practice of qualification of illegal actions in relation to property subjected to inventory, seizure or confiscation.
 The author considers types of property that cannot be the subject of an offence under Article 312 of the Criminal Code of the Russian Federation. The cases when the investigated acts should be qualified under the totality of crimes - the norms in question (Art. 312 of the Criminal Code of the RF) and the relevant articles of the Special Part of the Criminal Code of the Russian Federation were revealed.