About some problems of the logic of constructing corpus delicti in Chapter 28 of the Russian Criminal Code

Abstract

This article identifies a set of shortcomings related to deviations from the requirements of formal logic in the process of constructing the corpus delicti of Chapter 28 of the Russian Criminal Code. Thus, the content of a number of articles is broader than the title of a chapter or a specific article, which does not comply with the rule of proportionality of the division of the concept. In addition, non-compliance with the rule of unity of the basis of division is revealed - crimes are grouped into chapters based on the subject of the crime, and not the object of criminal law protection, which contradicts the general approach to building the hierarchy of the Special part of the Russian Criminal Code. As an example of a discrepancy with the rule of continuity of division, the practice of combining qualifying features with different differentiating meanings within one part is given. In the context of violations of the rule of clarity of definition and the law of identity, the use of evaluative features by the legislator and the lack of a unified approach to fixing definitions of technical terms used in Chapter 28 of the Russian Criminal Code are considered. Finally, specific ways to improve criminal legislation are proposed for each block of identified flaws.