Criminal-legal protection of procedural sovereignty of the Russian Federation (Article 294¹ of the Criminal Code of the Russian Federation): on some aspects of the legislative innovation

Combating the illegal implementation of investigative and other procedural actions, as well as operational-search activities, in the Russian Federation led to the addition of Article 294¹ to the Criminal Code of the Russian Federation. This study examines individual aspects of the criminal-law protection of the procedural sovereignty of the Russian state, as presented in this legislative amendment. The authors explore the essence of the crime that infringes on the sovereignty of the Russian Federation in the sphere of justice through the prism of the elements of the crime. An analysis of the criminal-law norm contained in Article 294¹ of the Criminal Code of the Russian Federation revealed the characteristics of a socially dangerous act as a characteristic of the objective aspect of this crime, which has specific forms of influence applied specifically by foreign entities. Another characteristic of the crime is concentrated in the legislative formulation of special entities—a foreign official or an official of a public international organization or international body in which the Russian Federation does not participate. The legal significance of regulating the activities of such officials in the Russian Federation lies in the creation of a mechanism for holding criminally accountable those who, by abusing their position, violate the fundamental principles of Russian law and undermine the foundations of state authority. The article concludes that establishing criminal liability for obstructing interference in the activities of state authorities of the Russian Federation (Article 294¹ of the Criminal Code of the Russian Federation) is an important element of ensuring sovereignty and law and order, a preventative measure aimed at preventing transnational interference in the national justice system. However, the authors are cautious in predicting how effectively the established legislative prohibition will ensure criminal law protection of the procedural sovereignty of the Russian Federation.