Encroachments on Archaeological Heritage, Committed with Participation: Problems of Legal Regulation and Qualification

Abstract

Based on the analysis of theoretical and legislative aspects of securing responsibility for encroach-ments on objects of archaeological heritage, as part of a group of persons by prior conspiracy, an orga-nized group and a criminal community, the author proposes ways to optimize the system of qualifying and especially qualifying features in Art. 164, 190, 226.1, 243.1, 243.2, 243.3 of the Criminal Code of the Russian Federation. The author draws attention to the unreasonableness of equalization by the legisla-tor when constructing qualified and especially quali-fied corpus delicti of social danger of a group of persons and an organized group. Moreover, the arti-cle notes the problem of the prevalence of en-croachments on objects of archaeological heritage sites as part of an organized group or a criminal community. The research also examines such issues as the specifics of the form of guilt when commit-ting a crime as part of a group of persons by prior conspiracy, such signs of an organized group as the stability and purpose of criminal activity.