Issues of Application of Article 171 of the Criminal Code of the Russian Federation in the Field of Passenger Transport by Air

Abstract

The presented article examines and analyzes problematic issues of application and interpretation of legal norms in the examination of communications and the investigation of criminal cases on illegal business (crimes under Art. 171 of the Criminal Code), in the provision of services for the carriage of passengers by air, on the specified type of activity, if air transportation is carried out with an excursion and other cognitive purpose. In particular, we are talking about the spread in recent years of the provision of paid services for the transportation of passengers by air for the purpose of sightseeing and familiarization flights, for the implementation of which, in the opinion of air carriers, a special permit (license) is not required. In addition, the question arises about the validity of the recognition of such entrepreneurial activity, especially if the airline that provides the service is a non-profit partnership. Activities in this area are examined on specific examples: similar services for aerotourism and helicopter excursions are provided, in particular, within the framework of the Heliport of Russia project, whose goal is to create the largest network of modern multifunctional helicopter systems throughout the country. From the decision of these questions depends presence or absence of signs of the given crime. Based on the analysis of legislation, various points of view of specialists, as well as judicial practice, the authors state their position and propose ways of solving these problems. The authors believe that in the presence of necessary conditions (extraction of income as a result of activity in a large or especially large amount), the activities of non-profit partnerships for the transportation of passengers by air transport while providing services for their excursion services, as well as «aerotaxi» services without an appropriate license, may contain a composition a crime under Art. 171 of the Criminal Code.