Дискуссионные аспекты определения границ видового объекта преступлений, предусмотренных главой 19 УК РФ

Abstract

This article discusses issues of the boundaries of specific object of crimes stipulated by Chapter 19 of the Criminal Code of the Russian Federation. The author draws attention to the fact that the title of this chapter of the Criminal Code of the Russian Federation: “Crimes against the Constitutional Rights and Freedoms of Individuals and Citizens” does not accurately reflect its content. A number of crimes that infringe on the constitutional rights and freedoms are described in other chapters and even sections of the Criminal Code of the Russian Federation. At the same time corpus delicti in art. 138.1 of the Criminal Code of the Russian Federation, unreasonably included in Chapter 19 of the Criminal Code of the Russian Federation as the main direct object of this crime, is not related to the specific object — social relationships that ensure the implementation of constitutional rights and freedoms. In this connection the author proposes to change the title of this Chapter of the Criminal Code of the Russian Federation using the citation method for groups of constitutional rights and freedoms of an individual and citizen, which are actually protected by articles of this Chapter and to move the legal rule of responsibility for trafficking in special technical devices intended for secret obtaining of information, to Chapter 29 of the Criminal Code of the Russian Federation.