Отдельные вопросы квалификации мелкого хищения, совершенного неоднократно (ст. 7.27 КоАП РФ и ст. 158.1 УК РФ)

Abstract

Based on a comprehensive analysis of the norms provided for by Art. 7.27 of the Code of Administrative Offenses of the Russian Federation and Art. 158.1 of the Criminal Code of the Russian Federation, it was concluded that the legal regulation of liability for petty theft contains a number of fundamental theoretical errors. In particular, it is noted that the legislator, in the interests of preventing crimes against property, ignores the social danger of acts. It is concluded that the basis of criminal liability, contrary to the requirements of Part 1 of Art. 1 of the Criminal Code of the Russian Federation is specified in the Code of Administrative Offenses of the Russian Federation. Objective signs of petty theft are subjected to a detailed analysis. Measures are proposed to optimize the legal regulation of liability for petty theft committed repeatedly.