Abstract
The article critically assesses the absence of a definitive provision in the Russian criminal law that does not meet the criterion of legality, revealing the qualifying features of kidnapping. Examples of contradictory court decisions resulting from this are given. The relevant legal norms of some CIS countries are analyzed. It is concluded that the definition of kidnapping developed by judicial and investigative practice and reflected in the decisions of the Supreme Court of the Russian Federation is more specific. It is argued that it should be fixed in art. 126 of the Criminal Code of the Russian Federation.
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