Parfyonov Alexander Fedorovich - Director of the state farm "Kholmogorka" of the Ministry of Meat and Dairy Industry of the USSR, Volokolamsky district of the Moscow region.
Born in 1905 in the village of Svintsovo, now Petushinsky District Vladimir region, in the family of a middle peasant. Russian.
Until 1921, he worked on the farm of his parents, then as a carpenter and joiner in construction organizations in Moscow and Orekhovo-Zuev.
In 1927-1929 he served in the Red Army. After being transferred to the reserve, he worked at a guitar factory in Moscow, first as a carpenter-master, and then as head of the factory apprenticeship school (FZU).
Since 1932 - a cadet at the School of a motorized brigade and a political instructor at a military training center in Moscow.
Since 1934, he worked at the enterprises of the People's Commissariat of the Aviation Industry of the USSR, since 1944 - at the plant No. 315 for the production of aircraft carburetors, and in 1946 - the director of the subsidiary farm of this plant in the Volokolamsky district of the Moscow region.
In 1946, A.F. Parfenov headed the livestock farm "Kholmogorka", completely destroyed during the Nazi occupation. In the state farm there was only one residential barrack and a house, which housed the dining room.
If in 1947 the milk yield of cows was 1800 kilograms of milk on average per cow, then already in 1948 the milk yield from each forage cow increased to 4687 kilograms, several cows entered the category of record holders, giving 6 thousand or more kilograms of milk per year.
From year to year, milk yields grew, and in 1951 the average annual milk yield for each forage cow at the Kholmogorka state farm amounted to more than 6 thousand kilograms, which was a great merit of the senior livestock specialist.
Three milkmaids of the state farm - Z.V. Vikhreva and M.I. Khokhlova, who milked 6.5 thousand kilograms of milk each from 10 cows per year - were awarded the title of Hero of Socialist Labor, about 30 livestock breeders of Kholmogorka were awarded orders and medals.
Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1952 for achieving high performance in animal husbandry in 1951 Parfenov Alexander Fedorovich He was awarded the title of Hero of Socialist Labor with the Order of Lenin and the Hammer and Sickle gold medal.
For 15 years of A.F. Parfyonov’s work as director of the Kholmogorka state farm, he grew into a large farm, occupied one of the first places in the socialist competition of state farms of the Ministry of State Farms of the USSR, and was repeatedly a participant in the All-Union Agricultural Exhibition (VSHV).
He was elected a deputy of the Volokolamsk City Council of Workers' Deputies and a member of the bureau of the Volokolamsk District Party Committee (a member of the CPSU (b) / CPSU since 1930).
In May 1961, Alexander Fedorovich retired, lived in the city of Volokolamsk. Died.
He was awarded 2 Orders of Lenin (11/03/1951; 10/01/1952), Orders of the Red Banner of Labor (09/03/1949) and the Red Star (09/16/1945), medals.
Introduction
Chapter I The concept and meaning of the objective side of the crime 11
1 The concept and signs of the objective side of the crime 11
2 Criminal legal significance of the objective side of the crime 22
2.1 Objective side - the objective basis of criminal liability 22
2.2 The importance of the objective side for distinguishing between crimes and other offenses 27
2.3 The value of the objective side for the qualification of crimes 34
2.4 The value of the objective side of the crime for the individualization of punishment 40
Chapter II The main features of the objective side of the crime 48
1 The concept of a criminal act (action and inaction) 48
1.1 Criminal act 48
1.2 Criminal omission 56
2 Criminal consequences 61
3. Causality 82
Chapter III Optional features of the objective side of the crime 94
1. Time of the crime 94
2. Location of the crime 115
3. Method of committing a crime 135
4. Means and instruments of committing a crime 153
5. Environment of the crime 174
Conclusion 190
Literature 197
Appendix 223
Introduction to work
Relevance of the research topic
New tasks and forms of practical activity of investigative, judicial and prosecutorial bodies in modern conditions oblige to further expand and deepen theoretical research in the field of criminal law. The corpus delicti, its elements and signs belong to the categories of criminal law, it is a tool for qualifying a crime. Since science recognizes that it is possible, in the interests of practice, to separate the objective and the subjective in criminal behavior, attributing the act to the objective side of the crime and studying separately the attitude towards it on the part of the criminal (the subjective side), then, of course, all other signs (consequences, causation, place , time, method of means, tools and environment) of the commission of a crime should be attributed to the signs of the objective side, and mental processes associated with the commission of a crime (its psychological component) should be considered within the framework of the subjective side as a mental attitude towards the commission of a crime.
This paper considers one of the elements of the crime - the objective side and its features. This is one of the central institutions of Russian criminal law. When considering criminal cases, qualifications largely depend on its correct decision.
In the theory of criminal law, the objective side of the crime is the most complex and voluminous doctrine. This is the external side of the crime, the study of which allows us to judge not only this element of the composition, but also to determine other elements and signs of the corpus delicti.
According to the objective side, it is possible to establish the object, the subjective side, and sometimes the subject of the crime.
From a theoretical point of view, the study of the objective side of the crime is important in modern conditions, in particular, because "for last years in this area, many new questions have accumulated and there has been a breakdown of some traditional ideas, which is necessary in the interests of the further development of science and the improvement of judicial and prosecutorial practice.
That's why scientific analysis The objective side of the crime cannot be limited to the study of normative material or examples from judicial practice, but should include consideration of those objective patterns on the basis of which legal norms are created and then prosecutorial and judicial-investigative activities are carried out.
This is what we have tried to do in this dissertation.
The objective of this study was not to highlight all the problems of the objective side of the crime. We decided to focus only on the main, general issues of this topic. That is why they called the dissertation "The General Doctrine of the Objective Side of Crime."
The degree of development of the theme
A significant number of works have been devoted to the study of individual features of the objective side in criminal law.
In the pre-revolutionary period, such famous criminologists as M. Buri, F. List, G. E. Kolokolov, S. V. Poznyshev, P. P. Pustoroslev, N. D. Sergievsky, N. S. Tagantsev wrote about them.
IN Soviet time individual problems of the objective side are reflected in the works of N.D. Durmanov, N.F. Kuznetsova, A.A. Piontkovsky, I.A. .Tsereteli, M.D.Shargorodsky and others.
IN modern Russia A.I. began to write about them. Boyko, V.B. Malinin, V.KSakharov, M.V. Shkele, N.N. Yarmysh and others.
The works of V.N. Kudryavtseva, G.V. Timeiko, M.I. Kovaleva, specially dedicated to the objective side of the crime.
However, despite a large number of works, a scientifically grounded and clear solution of many issues devoted to this problem has not yet been achieved.
Purpose and objectives of the study
The purpose of the study is to comprehensively develop the problems of the objective side of the crime, clarify its significance for criminal liability and develop evidence-based recommendations for improving criminal legislation.
In accordance with this, the following tasks are set.
1. Give the concept and determine the meaning of the objective side of the crime.
2. Investigate the essence and content of individual signs of the objective side of the crime: acts (actions and inactions), consequences, causation, time, place, method, means, tools, circumstances of the crime.
3. Consider the problematic issues of the specified topic.
4. Formulate proposals for improving the criminal legislation.
Object and subject of research
The object of the dissertation research is social relations that develop in the field of criminal law protection of the state, society and individual citizens from criminal encroachments.
The subject of the study is, first of all, the norms of criminal law governing the above social relations, law enforcement practice in investigative and judicial bodies, as well as the provisions of the science of criminal law and other legal sciences.
Research Methodology
The methodological basis of the study is the dialectical method scientific knowledge, as well as historical, logical, comparative legal, system-structural and other private research methods.
The dissertation uses works on philosophy, theory of state and law, criminology, criminal and criminal procedure law.
The normative base of the study is the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, the decisions of the Plenum of the Supreme Court of the Russian Federation. Studied the criminal legislation of foreign countries, pre-revolutionary and Soviet criminal legislation.
The empirical base of the study is the practice of the Supreme Courts of the USSR, the RSFSR and the Russian Federation, the St. Petersburg (Leningrad) city court, the federal district courts of St. Petersburg and some other courts. A total of 150 criminal cases were studied.
Scientific novelty of the research
It lies in the fact that this dissertation is a comprehensive study of theoretical and practical problems of the objective side of the crime. Since the defense of a theoretical study on this topic, G.V. Timeiko in 1986, almost 20 years have passed.
Proposals have been formulated to improve the legislation, in particular, it is proposed to amend articles 9, 11 and 63 of the Criminal Code of the Russian Federation, as well as to supplement the Criminal Code of the Russian Federation with a special section "Concepts and terms used in the Criminal Code" (as done in the Code of Criminal Procedure of the Russian Federation). It should contain definitive norms, which would explain the terms and define the basic concepts used in the norms of the General and Special Parts of the Criminal Code, in particular, those proposed by us on the objective side of the crime.
Basic provisions for defense
1. The objective side is an external act of criminal behavior occurring in a certain place, time and environment. initial stage development of a criminal encroachment on a legally protected object is an action or inaction. For the material components of a crime, socially dangerous consequences act as the main features (and an act in the form of action or inaction is the main one). The process of development of a crime from a socially dangerous action (inaction) to the onset of harmful consequences forms a causal relationship between the act and the criminal result, which is also an obligatory sign of the objective side in the material components of the crime. Place, time, method, environment, tools and means of committing a crime are optional signs of the objective side of the crime.
2. The value of the objective side of the crime, first of all, consists in the following.
2.1 Within the scope of the crime, it is an objective basis for criminal liability under Russian criminal law.
2.2 The correct establishment of the signs of the objective side is very important for distinguishing a crime from other offenses. This distinction, in our opinion, should, first of all, be carried out according to the degree of public danger.
2.3 The objective side of the crime is important for the qualification of the crime. Considering the significance of the signs of the objective side, it should be noted that all of them are included in the circle of circumstances to be proved in each criminal case, and, therefore, are of great evidentiary value.
2.4 The objective side of the crime is important for the individualization of punishment. The objective side can be important both for the individualization of punishment within the framework of mitigating circumstances (Article 61 of the Criminal Code of the Russian Federation) and aggravating punishment (Article 63 of the Criminal Code of the Russian Federation).
3. In the legal literature, various grounds are offered for dividing the generic concept of an act into specific concepts of action and inaction. We offer an objective legal basis, namely, we define an action as an active behavior of a person, which consists in influencing environment his body movements, inaction - as a person's failure to fulfill the duties assigned to him by law to act in a certain way (if the person had the opportunity to act), i.e. action as a phenomenon that exists in objective reality, and inaction as a legal concept, enshrined in the norm of criminal law.
We propose in the doctrine of the objective side to study not only action and inaction, but also activity, as a form of committing a crime different from these two.
4, Any crime entails a variety of consequences; social, economic, moral. Of all these consequences for the classification of crimes, only a few are relevant, namely:
1) harm to the object of the crime, i.e. infringement on public relations;
2) harm to the subject of the crime - physical, material harm.
Speaking about the criminal consequences in their real, real sense (in terms of the objective side), we always have in mind only the very fact of the changes in the surrounding world generated by the crime, i.e. material consequences.
5. Philosophical generalization of the theories of causation led to the conclusion that the interaction of cause and effect is characterized not only as the transfer of matter and energy, but also as the transfer of information from one object to another. Therefore, in addition to energy, there is informational causality.
Information causality can be used in offenses that are somehow related to the transfer of information, for example, in offenses in the field of computer information. Without it, in particular, it is impossible to justify the responsibility of accomplices (instigators, organizers). Another important meaning of information causality is the substantiation of criminal liability in case of inaction. Attempts to substantiate it with the help of ordinary, classical (physical) causality, as has been proven in recent studies, have not been substantiated.
6. Pointing to time as a sign that criminalizes this or that act, as a rule, does not mean time as such (that is, not “astronomical” time), but a certain period or period of time in which certain events occur that have a qualitative impact to a crime.
7. The scene of the crime should be considered from the standpoint of two interrelated aspects of this concept. In a broad sense, it is a part of the physical space, the territory on which the site of the jurisdiction of a state is located. In the narrow sense - the spatial characteristics of the crime, directly indicated or implied in the dispositions of criminal law and affecting the qualification of the crime and the individualization of criminal liability and punishment.
8. The method of committing a crime has the greatest legal significance among the optional features of the objective side. Method - this is the form in which socially dangerous actions were expressed, those techniques and methods that the criminal used to commit the crime. All the main compositions provided for by the current criminal legislation differ mainly in the way of the external manifestation of a socially dangerous encroachment.
9. From processes external to the commission of a crime, developing according to their own laws, it is necessary to distinguish objects and processes mediated by the activity of the criminal, included in it, that is, the means and instruments of committing a crime.
In criminal law, the term means is used in a double sense. In a broad sense, a "means" is everything that serves to achieve an end (in this respect, even the very act of the criminal is a means of encroachment). The specific criminal - legal concept of a means of encroachment is already. It includes objects of the material world that are in the direct possession of the subject of the crime and used by him in the process of committing a crime as an instrument of influence on the object of criminal law protection.
Weapons are a type of means of committing a crime. They can be any items used for the direct implementation of a criminal act (all types of cold and firearms, master keys, hacking tools, etc.).
10. A correct understanding of the objective side of a crime is possible only taking into account the situation in which it was committed, that is, the specific conditions in which the criminal act is committed, the objective side develops, and the criminal result occurs. These conditions exist objectively, regardless of the will of the criminal, although in some cases they can be consciously used by him and even partially created.
The number of material objects included in the environment, as a rule, includes those that are usually sources of increased danger ( vehicles, other mechanisms, explosive, radioactive, etc. substances). In connection with their functioning, a dangerous type of situation is created. Also, in some cases, this type of situation may arise due to the manifestation of natural and climatic factors. From other factors that form the environment for the commission of a crime, relations and processes can be distinguished, and these can be natural processes and relations that occur, for example, in the environment of wild animals, as well as social and domestic relations and processes. Theoretical and practical significance of the work The theoretical significance of the work lies in a comprehensive monographic study of the problem of the general doctrine of the objective side of the crime in criminal law. The provisions of the dissertation research replenish the potential of the science of criminal law.
The practical significance of the study is:
In proposals for improving legislation;
In the use of theoretical provisions and conclusions in the preparation of educational and scientific literature, as well as in the educational process.
Approbation of work
The main conclusions of the dissertation were discussed at a meeting of the department of criminal law disciplines of the St. Petersburg Institute of Foreign Economic Relations, Economics and Law, the subject-cycle commission of criminal law disciplines of the St. Petersburg Law Institute.
The problematic provisions of this study are set out in the monograph, scientific articles and speeches at seminars and scientific-practical conferences:
1. Actual problems law of Russia and CIS countries - 2003: IV International scientific and practical conference dedicated to the 60th anniversary of the South Ural state university. March 2, 2003 Chelyabinsk, 2003;
2. Judicial reform and the effectiveness of the activities of the court, prosecutor's office and investigation: 6th scientific and practical conference of young scientists. April 19, 2003 St. Petersburg, 2003;
3. Judicial reform and the effectiveness of the activities of the court, prosecutor's office and investigation: 7th scientific and practical conference of young scientists April 24, 2004, St. Petersburg, 2004.
4. 10 years of Russian constitutionalism: results and prospects: interuniversity scientific and practical conference. MIEP. SPb., 2004.
The main ideas and provisions of the dissertation are implemented in educational process St. Petersburg Institute of Foreign Economic Relations, Economics and Law and St. Petersburg Law Institute.
Work structure
The dissertation consists of an introduction, three chapters, a conclusion, a bibliography and an appendix.
The concept and signs of the objective side of the crime
Any human activity, including criminal, can be divided into two components: intellectual-volitional, which consists in making a certain decision, understanding the ways and means to achieve the intended goal, and effective, which is associated with the implementation of this decision into reality by specific behaviour. This other side human activity and is called the objective side.
Although the division in human behavior objective and subjective and the attribution of an act to objective signs are to a certain extent conditional, which is usually noted in the study of the objective and subjective aspects of a crime, but such an approach has long been adopted by criminal law and is extremely important in solving many issues of law enforcement. The corpus delicti, its elements and signs belong to the categories of criminal law, it is a tool for qualifying a crime. Since science recognizes that it is possible, in the interests of practice, to separate the objective and the subjective in criminal behavior, attributing the act to the objective side of the crime and studying separately the attitude towards it on the part of the criminal (the subjective side), then, of course, all other signs (consequences, causation, place , time, means, weapon and environment) of the commission of a crime should be attributed to the signs of the objective side, and the mental processes associated with the commission of a crime (its psychological component) should be considered within the framework of the subjective side as a mental attitude to the commission of a crime.
Therefore, we do not consider it correct to single out objective and subjective signs within the framework of the objective side of the commission of a crime and share the traditional approach to this issue.
The study of the objective side of the crime must begin with the definition of the concept of corpus delicti.
The corpus delicti is a set of signs of a certain socially dangerous act, established by the criminal law, characterized as a crime. The corpus delicti is the legal basis for recognizing an act as a crime.
As a socio-legal phenomenon, the corpus delicti is a complex community of certain elements. These elements, taken separately or not in in full force are not defined as a crime. Consequently, when deciding on responsibility for a crime, all elements of its composition must be present, that is, in terms of significance for responsibility for crimes, all its elements are equivalent. Nevertheless, both in theoretical and practical terms, the question arises about the role of one or another element of the corpus delicti.
In the theory of criminal law, the objective side of the crime is the most complex and voluminous doctrine. This is the external side of the crime, the study of which allows us to judge not only this element of the composition, but also determine the object of the offense and establish the form of guilt.
The objective side is one of the four mandatory elements of a crime. Without the objective side of the act, there can be no encroachment on the object of the crime, there is no subjective side as a certain reflection of the objective signs of the act in the mind of the subject, and finally, there is no subject of the crime.
"Considering the objective side of the crime as an external characteristic of the process of committing a crime, it should be borne in mind that it is "external" only in relation to the subjective, psychological content of the act. But this side of the crime is at the same time an internal characteristic for the very mechanism of criminal encroachment on the protected object as she reveals it internal structure and the interaction of the features that form it. "1
Speaking about the composition of the crime, it is necessary to single out its elements and its inherent features. Very often they are identified, but they are different concepts. The elements, as if dismembering the composition of the crime, characterize its objective and subjective aspects from four positions: the object of the crime, the subject, the objective side, the subjective side. And the signs, in turn, act as characteristics of the elements of the composition. They are connected by them as the properties of objects with the objects themselves.
However, even being delimited, they form a monolithic system with internal interconnections, called corpus delicti. As part of the crime, objective and subjective elements are combined, and this sometimes leads to the fact that they try to endow the signs of objective elements with independent subjective properties.
The word "attribute" usually denotes a property, feature, feature of an object or phenomenon by which it can be recognized, distinguished from others. The development of the doctrine of signs in the theory of knowledge, logic, as well as in such a special discipline as forensic science, made it possible to single out a number of categories of signs and features of their construction. Distinguish, for example, signs useful, stable, essential, sufficient, necessary, specific, distinctive, generalized, individual and a number of others.
Signs are usually divided into two types: basic and optional. The main features are those that are inherent in all elements of the crime, and optional - only some. Moreover, it should be noted that each element of the composition has its own basic and optional features that characterize it.
"We note that the so-called optional signs of the objective side of encroachments in recent years have attracted increasing attention of science."2
Optional features, in their actual essence being the same as mandatory ones, have a different legal meaning. In cases where optional, in addition to the main ones, determine the type of a given criminal act and distinguish it from a similar one, they are mentioned in the law and become mandatory, since they are signs by which this criminal act can be qualified under a certain article of the criminal law. If they do not fulfill such a role, then for the legislator they cease to exist in the sense that he is not interested in them as signs stating the presence of a certain event. This, of course, does not mean that these signs have no legal significance at all. They can have a certain impact, but not on the fate of the act itself, but on its legal consequences as an aggravating or mitigating circumstance.
The value of the objective side for distinguishing between crimes and other offenses
The correct establishment of signs of the objective side is very important for distinguishing a crime from other offenses. This distinction should, first of all, be made according to the degree of public danger.
A crime differs from other offenses (administrative, disciplinary, etc.) by a higher degree of public danger. Therefore, the disclosure of the criminal law meaning of the objective side of the crime, first of all, involves the definition of its role in the process of forming the act as a criminal one.
The question arises about the relationship between public danger and the objective side of the crime. Or, in other words, is the objective side capable of in any way influencing the social danger, and, consequently, the criminality of the act.
The objective side of the crime may indicate the absence of public danger due to its insignificance. The absence of public danger for this reason may indicate the absence of signs of a crime. This provision is enshrined in Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Insignificance can be determined on the basis of various signs of a crime, but, first of all, it can indicate the consequences of committing a crime.26
The nature of the objective side of the crime, along with other circumstances, may indicate the absence of a crime due to the presence of circumstances precluding the criminality of the act. So, according to the Administrative Code of the Russian Federation, small, i.e. embezzlement in an amount not exceeding 1 minimum wage is recognized as administratively punishable. Consequently, only theft of a large amount will be criminally punishable.
The influence of the objective side of the crime on the social danger of the committed act from the point of view of the grounds for criminal liability is characterized by two important circumstances. Firstly, this process leads to a significant change in the quality of the act, which, secondly, can proceed in two opposite directions: either the act becomes socially dangerous and, therefore, criminal, i.e. the objective side in this case acts as a criminalizing factor, or it entails its decriminalization, i.e. the loss of the property of public danger. And this can be affected by any sign of the objective side - from the act to the situation of the crime.
Often the grounds for criminalization may be a significant and sudden change in the social, economic or political situation as a result of war, natural disaster, crop failure and other events.27
Thus, the relationship between the social danger of the act and the objective side of the crime is obvious, although it cannot be recognized as universal. “An act is socially dangerous not outside of time and space, but in the specific conditions of the place, time and situation of its commission. This circumstance takes precedence in individual crimes, where not only the severity of the crime, but often the very existence of the crime depends on the place, the time and circumstances of the commission of the act (theater of military operations, peacetime, combat situation)".28
The first thing to establish in the objective side is the deed. If there is no act (action or inaction) - there will be no crime itself.
So, in the case of L., the Supreme Court indicated: “A person who has not committed actions that form the objective side of robbery cannot be held liable as a co-executor of the open appropriation of property” was found guilty of informing A. that Ch. money, he stayed downstairs when A., going up to Ch.'s apartment, forced her to hand over the money, which they divided among themselves.
The Supreme Court emphasized that A.L. committed the robbery, but he did not commit any actions that form the objective side of the open theft of property. Consequently, the objective side, determining the content of the crime, thereby determines the boundaries of the offense, in which responsibility for a particular crime is established.30
It is also easy to distinguish between crimes and other offenses according to the consequences. The absence of consequences in the commission of a socially dangerous act means either the absence of the stage of a completed crime or the corpus delicti in general.
So, in Art. 105 of the Criminal Code of the Russian Federation provides for the death of a person as a socially dangerous consequence. Since the legislator directly indicates the nature of the harmful consequences, in order to establish the presence of the completed corpus delicti, it is only necessary to establish that the victim has died.
But if there is no causal connection between a socially dangerous act and a consequence, there is no completed crime. In practice, this is generally accepted. “Criminal acts are not a completed crime if the harmful consequences that occurred were not in a causal relationship with these actions.”31
As a rule, the place, time, situation and other optional features characterize the individual objective features of the crime. However, these circumstances may be more significant: to influence the degree of social danger of all crimes of the same type. It is in such cases that the legislator considers them to be among the mandatory features of a simple or qualified corpus delicti.
First of all, the place of the crime, specified in the law, must be identified and established in the process of investigation and judicial review of each criminal case. Establishing this circumstance (and others) essentially means establishing the event of a crime.
criminal act
In the criminal law there is no definition of either a criminal act or a criminal inaction: they are combined into general concept criminal act.
The term “act” is used by the legislator not to combine action and inaction into one concept (otherwise their use would not be necessary at all), but to recognize as a crime not thoughts, not a “dangerous state of the personality”, but only an act, i.e. external human behavior.
To understand the essence of these concepts, it is necessary to determine the content of each of them. In the legal literature, an action is usually defined as a socially dangerous illegal active conscious behavior of a person.45
N.F. Kuznetsova, confirming the thesis that a criminal act must be socially dangerous, writes: "Any study of a causal relationship should be terminated if the action was not objectively socially dangerous" and gives an example.
Ivanov planned to kill Petrova and sent her to a seaside resort for this purpose. Ivanov hoped that Petrova, who could not swim, would drown in the sea. And so it happened. Ivanov will not be responsible for the murder, but not because, as A. N. Trainin believes, citing this example, that there was a meager causal relationship,47 but because his actions were not objectively socially dangerous and, therefore, the question cannot be raised about their causal connection with damage.4 But the action itself may not have any social danger. What social danger does the action of a man who stuffs his mailbox with a pack of newspapers have?
And, nevertheless, operatives of the 37th police department of the Vasileostrovsky district of St. Petersburg told the author of this work the following case.
Their colleague N. dreamed of how he could get rid of his "beloved" mother-in-law. And then the right opportunity presented itself. The department received an orientation for a dangerous criminal, the apartment thief Markirosyan, who operates in their area, cleaning apartments. He is supposed to contact them via mailboxes. It was summer and the mailbox full of newspapers testified that the owners had gone on vacation. But in two cases, elderly people ended up in the apartment and Markirosyan killed them. N. decided to use this information and filled his mailbox with newspapers in the hope that Markirosyan would go to his apartment and kill his mother-in-law, who was constantly at home. What happened.
Shouldn't N. be held responsible for aiding? Correctly writes Yu.A. Krasikov: "The recognition of public danger as the main sign of a crime led to the rejection of illegality, to the oblivion of the principle of nullum crimen sine lege."49
An act in itself cannot be socially dangerous or socially harmful. Only a crime as a whole can be socially dangerous.
Speaking about the concept of action, A. N. Trainin pointed out: "Action in the criminal legal sense is not only qualitatively different from body movement, but also, so to speak, quantitatively ...".50 At the same time, under the qualitative difference between criminal legal action and body movement A. N. Trainin understood such signs necessary for action as the sanity of a person, the commission of an action not under the pressure of force majeure, physical, and sometimes mental coercion. However, as V.B. Malinin, "the unity and interrelation of all elements of a crime does not at all mean their mutual substitution for each other. These are different elements, and each of them carries a semantic and legal load. It is impossible to deny that a person's sanity is a necessary sign of a crime, but this criterion is a sign the subject of the crime and should not be duplicated in the description of the objective side".51
Therefore, in the same way, the act itself cannot be illegal. Only a crime can be illegal.
Practically in all scientific papers, all textbooks on criminal law indicate the volitional nature of the action. So, in we read in the "Course of Criminal Law" edited by N.F. Kuznetsova and I.M. Tyazhkova, we read: "Any act, being a manifestation of human behavior in the outside world, always involves a conscious activity of a person. Therefore, a body movement that is not controlled by consciousness, as well as causing harm due to force majeure or physical coercion, is not an act in the criminal legal sense."
Yes, "the external (physical) side of the act and the internal (mental) form an inseparable unity", but this unity exists in the real action of a person, and in theoretical analysis we separate the objective side of the committed crime and the subjective side. “Any offense,” writes I.S. Samoshchenko, “is an organic unity of a number of subjective and objective moments, but in theoretical analysis one inevitably has to separate them, because without this it is impossible to know the essence of offenses.”53 Human thoughts belong to the subjective side, and therefore one can and should "be distracted by the fact that he, acting, thought."
As V.B. Malinin: "The impossibility of criminal liability in the absence of consciousness and will should be associated not with the vice of the act, but with the absence of guilt. In fact, for some reason, the authors of the above-mentioned "Course", criticizing those lawyers who propose to limit the concept of an act to the failure to achieve the established in criminal the law of age, the state of insanity, etc., associate these moments not with the deed, but with another sign of the composition - the subject.But after all, by analogy, you can solve the problem with consciousness and will, i.e., relate them not to the objective side (action) , but to the subjective".54
Time of the crime
Every crime is committed in terms of place and time. However, it should be recognized that in the criminal law literature the problem of the time of committing a crime did not receive proper coverage either before the adoption of the Criminal Code of the Russian Federation in 1996, or after that. Much more attention has been paid to certain aspects of this problem in the framework of other sciences, such as forensic science, criminology, and criminal procedure. The unnaturalness of such a situation is obvious, because the criminal-legal characterization of an act is the starting point for criminological and forensic characterizations. It largely determines the content of the subject of proof, the forms of implementation of which are enshrined in the criminal procedure law and are developed by criminal procedure science. IN educational literature, as a rule, the content of this sign of the objective side of the corpus delicti is not disclosed and its definition is rarely given.
Fundamental works devoted to the objective side of the crime also do not pay due attention to this issue171. At the same time, it would be wrong to say that the problem of the time of committing a crime did not attract the attention of representatives of criminal law science at all. Of all aspects of the problem, the most elaborated one is the determination of the time of the commission of a crime when deciding on the limits of the criminal law in time.172
The concept of the time of the commission of a crime is given in Part 2 of Art. 9 of the Criminal Code of the Russian Federation, which states: "the time of the commission of a crime is the time of the commission of a socially dangerous action (inaction), regardless of the time of the onset of the consequences."
The time of the commission of a crime as a sign of corpus delicti is understood in the sense of a certain time period during which the crime was committed.
Thus, criminal liability for crimes against military service committed in wartime or in a combat situation, is determined by law Russian Federation wartime (Part 3, Article 331 of the Criminal Code), and for example, obstruction of the exercise of voting rights or the work of election commissions (Article 141 of the Criminal Code of the Russian Federation) and falsification of election documents, referendum documents (Article 142 of the Criminal Code of the Russian Federation) involve their commission at a certain time - the time of elections to state authorities and bodies local government or a referendum, as well as the time of summarizing their results.
Various textbooks offer many definitions of the time of the crime. For example: "... this is a certain time period during which a crime can be committed",173 "... usually not just a certain time of day or season, but a specific period characterized by certain socio-political events".174
The time factor in most cases is obvious and understandable, easily presumed even by a non-specialist. Thus, the use of prohibited means and methods of warfare (Article 356 of the Criminal Code of the Russian Federation) implies the time of the commission of military (combat) actions; evasion from serving deprivation of liberty (Article 314 of the Criminal Code of the Russian Federation) - the period of a short-term departure (vacation) of a person sentenced to deprivation of liberty outside the correctional institution; obstruction of the exercise of voting rights or the work of election commissions (Article 141 of the Criminal Code of the Russian Federation) - the time of election campaigns; issuance of a knowingly unjust sentence (Article 305 of the Criminal Code of the Russian Federation) - the period of trial in a criminal case, etc.
The concept of "the time of the commission of a crime" is a composite one, and already because of this, its explanation has some features associated with the docking of the terms that make it up. These terms are "time" and "crime". By themselves, they present no difficulty in understanding, which cannot be said about their combination. The fact is that in this case one has to deal with qualitative changes in their content. So, if “committing a crime” is the performance by a person of a socially dangerous act provided for by criminal law, then the answer to the question: “Is the time of committing a socially dangerous act the time of committing a crime” was far from always unambiguous before the adoption of the new Criminal Code of the Russian Federation. This is explained, first of all, by the different meaning of the time of the commission of a crime as a sign of the objective side of the corpus delicti and as the basis for the operation of the criminal law in time, as well as by the difference in the construction of the compositions of certain crimes and in the peculiarities of the legislative formulation of their objective side.
The category of time is a relatively stable and fundamental formation that exists in various forms and manifestations. It is obvious that each form of motion of matter, since the latter can exist only in time and space, has its own spatio-temporal connections, its own, corresponding to the form of motion of matter, space and time.
However, the time of committing a crime is a concept, first of all, a legal one, and therefore its definition should reflect its inherent legal features.
A crime is an act that, like its criminal consequences, finds its legal expression in the signs of the objective side of the crime. In view of this, the time of the commission of the crime should, apparently, be recognized as the time of the fulfillment of the objective side. In other words, the time of the commission of a crime is the period of time in which the objective side of the crime was committed.
Petelin, Boris Yakovlevich
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The first mention of the genus Kazan Parfenovs belongs to the 17th century. In the scribe book of the Kazan district for 1648, it was said about the land holdings of newly baptized yasash peasants in the village of Tash-Kirmen on the large meadow road from Kazan to Simbirsk on the Mesha River Laishevsky district. Behind Elizark Ivanov, son of Parfenov there were 77 acres. Thus, the Parfenovs are a Tatarized Mordovian Karatai.
Philistines brothers Ivan(1778-1850) and Ilya Ivanovichi Parfenovs came from the peasants of the village Tashelka Stavropol district. their father Ivan Parfenov settled in Stavropol in the 80s of the 18th century. At Ivan Ivanovich were sons Lukyan, Vasily, Ivan And Semyon. Son's Elijah - Mikhail Ilyich Parfyonova - had two sons: Ivan- vowel of the city duma and honorary superintendent of the Stavropol vocational school, and Fedor, merchant of the 2nd guild, who served in 1902-1910 city public bank director Stavropol. At Fyodor Mikhailovich and Nadezhda Petrovna Parfenov had four children: the eldest son is the provincial secretary Georgy Fedorovich served in the county government Jacob ( 1885-), Maria was born in 1891, Alexander Fedorovich(1880-?) moved to the merchant class and kept grain and flour trade. There has always been a close connection between the bourgeoisie and the merchant class. The philistines who got rich and developed their enterprise passed into the merchant class, the impoverished merchants - into the philistinism.
Stavropol, second half of the 19th century. - the patrimony of rich flour millers and grain merchants. For almost 100 years history Posadskaya street in Stavropol was associated exclusively with the flour and grain trade. Here they traded like merchants-millers Shagarovs- in the shops at their own house number 45 and in rented premises, as well as visiting merchants. Merchant of the 2nd guild Alexander Fedorovich Parfenov owned five flour shops and a bread shop (Posadskaya 15). His neighbor Nikolai Mikhailovich Subbotin the owner of the house number 62 on Posadskaya - rented out two of his shops for flour trade. In house number 11 there were two “grainy” shops, in one of which a merchant-flour grinder of the 2nd guild traded. Petr Ivanovich Burkov, and another was rented by a merchant Grigory Ivanovich Makin. P Similar shops existed at the houses of the grain merchants Dudkins and Klimushins. Here was the office of the Erlanger partnership, which was engaged in the installation and re-equipment of flour mills. Flour-grinding partnership Ivan Mikhailovich, Fedor Mikhailovich and Alexander Fedorovich Parfenov was engaged in flour milling and grain trade, had representative offices in Stavropol, Samara, Melekess, Sengiley, and became one of the most successful flour producers in the Volga region. In 1895, there were 42 retail outlets in Stavropol (shops, grocers at home, flour shops, trade in baked bread), not counting the shops on the Market Square. Among his brothers in the shop, Parfyonov enjoyed great respect and often defended their interests in state structures, although this did not always give the expected results.
A.F. Parfenov actively participated in public life Stavropol: closely cooperated with the bodies of city and zemstvo self-government, was a member of various boards of trustees, and for repeated donations to "charitable institutions" b was elected an honorary member of the Samara provincial charitable society of merchants and industrialists and personal honorary citizen of Stavropol(1910 ).
The merchant of the 2nd guild Alexander Fedorovich Parfenov married the daughter of a Stavropol tradesman Tatyana Vasilievna, the family had three children: a son Alexander(1898) died in infancy, daughter Olga Alexandrovna ( 1918-), who married a Stavropol tradesman Orlova and in 1936-1937 serving a link in the village. Shiryaevo, Stavropol region, son Fedor Alexandrovich (1899-), who with his family in 1925 still lived in Stavropol. his widow Anna Andreevna after the death of her husband in 1949, she moved with her children to 17 Naberezhnaya Street.
Materials of the official portal of the Mayor's Office of the city district of Togliatti (http://tgl.ru/honorary/people/58/)
Below is brief information for companies whose leaders may be Parfenov Alexander Fedorovich.
Data sources: federal Service state statistics, Unified State Register legal entities. All data posted on the site are open and publicly available in accordance with the provisions of paragraph 8 of article 6 federal law 129-FZ of August 8, 2001 and Order of the Ministry of Finance of Russia No. 115N of December 5, 2013
LLC "TEP" "HEAT AND ENERGY ENTERPRISE", LIMITED LIABILITY COMPANY
Region: Kemerovo Region
Main activities:
- Boiler houses (production of thermal energy)
- Thermal energy (transmission)
- Thermal energy (distribution)
- Boiler rooms (operation)
- Heating networks (operation)
- Restaurants and cafes
- Canteen departmental, supply of products for Catering
- Road freight transport
- Funiculars, aerial cable cars and lifts (carriage of passengers)
- Inventory and equipment for recreation and leisure (rental)
- Sports events (organization, preparation and holding)
- Hotels
FL CJSC "SIMES" "MOSCOW BRANCH OF CJSC "SIMES"
Region: Moscow
Legal address: 125124, MOSCOW, 3rd YAMSKOYO FIELD st., 18, building 1
Main activities:
- Sea transport
- Commercial activities and management (consulting)
- Cargo (transport processing and storage)
- Exchanges (stock, commodity, currency and currency - stock)
- Wholesale trade through agents
- Non-metallic mineral products (production)
- Machinery and equipment (manufacturing)
- General industrial equipment (installation, repair and maintenance)
- Construction
LLC "KRAPIVINSKAYA TSK" "KRAPIVINSKAYA HEAT SUPPLY COMPANY", LIMITED LIABILITY COMPANY
Region: Kemerovo Region
Legal address: 652449, KEMEROVSK Oblast, KRAPIVINSKY district, rp. Zelenogorsk, st. CENTRAL, 406
LAWYER'S CONSULTATION №32 LAWYER'S CONSULTATION №32 ST. PETERSBURG CITY BAR
Region: St. Petersburg
Legal address: 191011, St. Petersburg, nab. R. FONTANKI, d. 51
Main activities:
- Legal services
GUZ "VOLSK INTERDISTRIENT ONCOLOGICAL DISPENSARY" "VOLSK INTERDISTRIENT ONCOLOGICAL DISPENSARY" OF THE MINISTRY OF HEALTH OF THE SARATOV REGION, STATE HEALTH INSTITUTION
Region: Saratov region
Legal address: 412900, SARATOV region, VOLSK, st. PIONERSKAYA, 59A
Main activities:
- General and specialized hospitals
LLC "STROYTORG" "STROYTORG", LIMITED LIABILITY COMPANY
Region: Oryol region
Legal address: 302522, OREL region, OREL district, s. SABUROVO, SABUROVSKY S / S, st. MACHINE-BUILDING, 15
Main activities:
- Food products, drinks, tobacco products (wholesale trade)
- Buildings and structures (construction)
- Engineering equipment of buildings and structures (installation)
- Finishing work
- Non-food consumer goods (wholesale trade)
- General industrial machinery and equipment, instruments and equipment special purpose(wholesale)
- Universal range of products (wholesale)
LLC "ZELENOGORSK HEAT SUPPLY COMPANY" "ZELENOGORSK HEAT SUPPLY COMPANY", LIMITED LIABILITY COMPANY
Region: Kemerovo Region
Legal address: 652449, KEMEROVSK Oblast, KRAPIVINSKY district, rp. Zelenogorsk, st. CENTRAL, 406
LLC "KINO-ART" "KINO-ART", LIMITED LIABILITY COMPANY
Region: Oryol region
Legal address: 302043, OREL, st. KOMSOMOLSKAYA, 242
Main activities:
- Immovable own property (lease)
