Уголовно-правовая охрана территориальной целостности Российской Федерации

Abstract

Introduction. Currently, responsibility for violating the territorial integrity of Russia is established by Articles 2801 and 2802 of the Criminal Code of the Russian Federation. Introduced in 2013, Article 2801 of the Criminal Code of the Russian Federation, which defined responsibility for public calls for actions aimed at violating the territorial integrity of the Russian Federation, caused a discussion in scientific circles, the essence of which boils down to the question of the need to «bud it off» from the «parent» Article 280 of the Criminal Code of the Russian Federation. In 2020 The Criminal Code of the Russian Federation was supplemented by Article 2802, which established responsibility for violating the territorial integrity of our state. Theoretical foundations. Methods. The theoretical basis of this study consists of the work by domestic and foreign experts in the field of the history of the state and law, constitutional law, criminal law. The methodological component is determined by general scientific methods: historical, comparative-legal, the method of analogy, deduction, synthesis and special methods: system-structural, formal-logical and others. The results. Amendments to the criminal legislation regarding the protection of the territorial integrity of the state is a necessary measure that has a pronounced preventive potential in order to eliminate the chance of development of the “color revolution” scenario. The author presents the useful criteria aimed at distinguishing the adjacent norms of the criminal law. The analysis of the certain terms (delimitation, demarcation, redemarkation of the state border) shows the lack of a unified approach to their understanding both in doctrinal sources and international legal documents. Discussion and Conclusion. For a uniform understanding of the criminal law prohibitions defined by Articles 2801, 2802 of the Criminal Code of the Russian Federation, it is necessary to suggest a legal interpretation of a number of terms used in the text of the law. Considering that the legislator uses a linguistic technique “in the absence of signs of crimes” in Article 2802 of the Criminal Code of the Russian Federation, the author justifies the importance of supplementing the list specified by the legislator in the Part 2 of Article 208 of the Criminal Code of the Russian Federation.