Abstract

The legislation does not contain the concept of a continuing crime. The law enforcement officer solves this issue based on the theoretical concept of a continuing crime and based on the opinion of the Supreme Court of the Russian Federation on the qualification of specific crimes. However, their attribution to the number of continuing ones remains a controversial issue in the theory and practice of the application of criminal law. The article examines the theoretical, legislative and law enforcement problems associated with a continuing crime. In the science of criminal law, there is a fairly stable idea of which crimes provided for in the Special Part of the Criminal Code of the Russian Federation should be classified as continuing. In the conducted research, an attempt is made to identify how the understanding of a continuing crime that has developed in theory and practice allows us to give a fair criminal legal assessment of acts falling under this definition. The guiding explanations of the Plenum of the Supreme Court of the Russian Federation on the application of the rules on continuing crimes are critically analyzed, and some controversial issues related to the characteristics of the category of crimes under study are also considered. As a result of the analysis of legal doctrine and law enforcement practice, the article formulates those essential features that, in our opinion, a crime must possess in order to be considered lasting. Based on the results of the study, recommendations were made aimed at legally consolidating the definition of a continuing crime and the moment of its end.

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