Проблемы законодательной регламентации и квалификации пытки в отечественном уголовном законодательстве

Abstract

The article analyzes the current state of criminal law combating torture in Russia, developed after the July 2022 criminal law reform. The author expresses additional arguments about the introduction of a special article con-taining the composition of torture as a common crime. A common vision of the criminal legal system for coun-tering torture has been formulated. The position on the criminal law identity of torture in relation to particular cruelty has been confirmed; an opinion was expressed on the problems of qualification when using this sign of an objective side in Art. 117 of the Criminal Code of the Russian Federation. The author proposes, when using the definition record, torture to abandon the use of the term “moral”, replacing it with “mental” suffering. The author supports and further argues the idea that the composition of torture is formal. Thus, the encroachment occurs against the bodily integrity of the victim. The idea of the presence of the subject of the crime in Part 4 of Art. 286 of the Criminal Code of the Russian Federation and part 3 of Art. 302 of the Criminal Code of the Rus-sian Federation is substantiated. The author believes that when qualifying Part 3 of Art. 302 of the Criminal Code of the Russian Federation cannot ignore the fact that the perpetrators can commit an act not only for the purpose of obtaining information, but also for the physical receipt of objects. In conclusion, the authors propose a draft article of the criminal law, concerning the independent criminalization of torture as a general criminal offence.