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Title |
Misappropriation of vehicle license plates: analysis
of the elements of crime and problem of
criminalization |
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Authors |
HOROSHILOV Sergey Aleksandrovich
candidate of
jurisprudence, associate professor of criminal and
legal disciplines of Faculty of training of law
enforcement officers of the Southern Ural state
university, Bld. 76, Lenin Ave.,Chelyabinsk, 454080,
E-mail: horoschi@mail.ru |
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Section |
Criminal
legal doctrine |
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Issue |
4/2014 |
Page |
174-181 |
index UDC |
343.346.1 + 343.9.018 |
index LBC |
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Abstract |
The criminal responsibility for misappropriation of
a vehicle license plate, which occurred for the
first time in the national legislation, determined
the need for an analysis of the elements of the
crime. The article deals with the features related
to an object, objective element, subjective aspect
and a subject of crime described in Article 325 of
the Criminal Code of the Russian Federation. Such
notions as “vehicle license plate”,
“misappropriation” are defined. The examples of
socially dangerous acts of the studied crime are
given. The author makes a conclusion about coercive,
reasonable and appropriate, but relatively untimely
criminalization of the act. The terminological and
factual shortcomings of fixing the purpose of
committing a grave or especially grave crime as
essential alternative conditions of criminal
responsibility for misappropriation of vehicle
license plates are specified. |
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Keywords |
vehicle license plate,
criminalization, criminal responsibility, elements
of crime, misappropriation, purpose of committing a
crime. |
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