On the issue of circumstances, aggravating punishment in the commission of crime, under Article 2434 of the Criminal Code of the Russian Federation

Abstract

The article studies problematic theoretical issues of application of the criminal law in case of presence of circumstances aggravating punishment in case of destruction or damage of military burial places, as well as monuments, steles, obelisks, other memorial structures or objects perpetuating the memory of those who died in defense of the Fatherland or its interests or dedicated to the days of military glory of Russia, according to article 2434 of the Criminal Code of the Russian Federation (CC RF). In particular, the most common circumstances aggravating punishment in committing an act under article 2434 of the Criminal Code of the Russian Federation are investigated, namely: in cases of recidivism of crimes, occurrence of grave consequences, committing a crime during mobilization. The author applied the methods of statistical, systemic and comparative legal analysis, formal logic. It is argued that the recognition of recidivism of a crime does not affect the social danger of a deed, but this circumstance should be taken into account in penalization for the appointment of fair punishment based on the personality of the offender. The author’s classification of grave consequences to be taken into account in the case of committing an offense under Art. 2434 of the Criminal Code of the Russian Federation is proposed. A number of aspects of such a circumstance aggravating punishment as committing a crime during mobilization, especially in relation to negligent crimes, are criticized. The author concludes that it is justified to take into account the commission of a crime during mobilization in relation to article 2434 of the Criminal Code of the RF. This will have a positive impact on the practice of imposing criminal punishment for a crime against the historical memory of those who died in defense of the Fatherland, especially since the purpose of imposing a just punishment — including the prevention of committing socially dangerous acts.