Соотношение проектов статей, предусматривающих составы преступлений в сфере незаконного оборота и применения оружия, основанного на новых физических принципах, с действующим уголовным законодательством

Abstract

The purpose of the study is to conduct a criminal law analysis of Articles 355 and Articles 356 of the Criminal Code of the Russian Federation, which provide for liability for the circulation and use of weapons of mass destruction, to identify the features of their norms, as well as the relationship with the draft articles, which include the elements of crimes in the field of illicit trafficking and use of weapons based on new physical principles. The author of the scientific article used general and private scientific methods: the analysis of the norms of national and international legislation prohibiting the circulation of weapons of mass destruction, as well as the scientific approaches of scientists in the field of international humanitarian law, public international law and comparative law have also been studied. The main results of the work consist in the fact that the author of the study proved the fundamental difference between the elements of crimes provided for in Articles 355 and 356 of the Criminal Code of the Russian Federation, establishing criminal liability for the circulation and use of weapons of mass destruction and the elements of crimes provided for in draft Articles 222.3. and 222.4. of the Criminal Code of the Russian Federation on the prohibition of illegal trafficking and use of weapons based on new physical principles. The necessity of their differentiation and, accordingly, the expediency of criminalizing criminal acts committed with the use of weapon based on new physical principles is justified. The results of scientific research were tested during the International Scientific Readings “Law. Bar. Notary”, organized by the Russian Academy of Lawyers and Notaries on April 19, 2023, as well as within the framework of the 3rd International Scientific Student Conference “Current Problems of International Law in the context of challenges to maintaining peace and security”, organized by the Moscow State Institute of International Relations (MGIMO) The Russian Foreign Ministry on April 25, 2023 and other scientific and practical events. The proposals formulated in the study can be used in the legislative process, as well as in establishing criminal liability in the law enforcement practice of existing criminal law norms.