Current issues of the relationship between obstruction of carrying out of justice and of a preliminary investigation (Article 294 of the Criminal Code of the Russian Federation) with other types of crimes

Abstract

The article analyzes the correlation of Article 294 of the Criminal Code of the Russian Federation with other types of crimes of the Special part of the Criminal Code of the Russian Federation. An analysis of law enforcement practice shows that the objective side of the crime provided for by 294 of the Criminal Code of the Russian Federation covers a wide range of acts that are diverse in their content. In some cases, these acts may not pose any real threat to the normal course of the preliminary investigation or consideration of the case by the court. Nevertheless, these acts are covered by the concepts of «interference», which is sufficient to bring the perpetrators to criminal responsibility. Article 294 of the Criminal Code of the Russian Federation, it does not apply to cases where obstacles to the administration of justice are created by the officials in charge of the case (for example, in the case of an unlawful refusal to institute criminal proceedings). A number of such acts are qualified according to the norms of Chapter 30 of the Criminal Code of the Russian Federation (art. 285, art. 286- subject to the occurrence of socially dangerous consequences specified in these articles). In this regard, a number of issues arise related to the competition of the norms provided for in Article 294 of the Criminal Code of the Russian Federation with other norms of the Special Part of the Criminal Code of the Russian Federation, as well as with the possibility of applying the rules on the totality of crimes.