Some problems of the application of norms establishing liability for fictitious registration and fictitious registration of foreign citizens and stateless persons

Special attention is paid to the issues of application of the norms establishing criminal liability for crimes in the sphere of registration and migration accounting of foreign citizens and stateless persons. The analysis of the norms establishing criminal liability for crimes against the procedure for registration and migration accounting revealed the existence of problems in their application, as well as the fact that they do not fully meet the requirements of the current criminal situation related to fictitious registration of citizens and registration. Special attention is paid to the problems of qualification of several facts of committing a crime as a single ongoing one or as a set of crimes, determination of the subjective side, differentiation of the crimes under consideration from each other, as well as from other related crimes, qualification in combination with other crimes, as well as qualification of actions of other persons assisting in fictitious registration and fictitious registration. The novelty of the study lies in the fact that the criteria for distinguishing the studied crimes from related crimes, qualification in combination with other crimes accompanying them are proposed. Crimes provided for in Art. 3222 and 3223 of the Criminal Code of the Russian Federation should be distinguished from related crimes by their immediate object, characteristics of the objective side and characteristics of the subject. If the crimes provided for in Articles 3222 and 3223 of the Criminal Code of the Russian Federation are special in relation to other criminal law norms (for example, Articles 285, 286 of the Criminal Code of the Russian Federation), then the unlawful acts are qualified only under a special norm in accordance with the provision set out in Part 3 of Article 17 of the Criminal Code of the Russian Federation. When the crimes in question are committed by officials, state or municipal employees, they can also be qualified in combination with other crimes if there are corresponding characteristics of such crimes, such as, for example, official forgery, petty bribery, etc.

criminal liability, qualification problems, , fictitious registration,, migration registration, foreign citizens, stateless persons, intermediaries, a single intent, combination, false information