Problematic issues of qualifying actions encroaching upon persons executing justice or preliminary investigation

¹ Saratov State Legal Academy, Department of Procuratorial Supervision and Criminology, Saratov, Russia
² Chernyshevsky Saratov National Research State University, Department of Criminal, Environmental Law and Criminology, Saratov, Russia
³ Nizhniy Novgorod Branch of the Saint Petersburg Academy of the Investigative Committee, Department of Criminal Science, Nizhniy Novgorod, Russia

^* Corresponding author: efremova005@yandex.ru

Abstract

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.