The corpora delicti of “calls” in the Criminal Code of the Russian Federation: signs, types and problems of differentiation

the article is devoted to the identification of similarities and differences in the corpora delicti of crimes under Art. 2052, 212, 280, 2801, 2803, 2804, 2842 and 354 of the Criminal Code of the Russian Federation, which contain the prohibition of differently directed calls. The purpose of the study was to develop doctrinal provisions on the concept and signs of the general corpus delicti of criminal calls, as well as criteria for distinguishing their criminalized types. Within the framework of the set goal such scientific and practical tasks, as the criminal-legal characterization of the corpus delicti of calls, identification of the features of the call as a type of criminogenic information, determination of the place of information containing the call in the corpus delicti, analysis of the substantive difference of related norms on calls and resolution of their competition were solved. The study has shown that the Criminal Code of the Russian Federation has inconsistency of terminology in describing the corpora delicti of calls, lack of clear criteria for distinguishing between the types of calls prohibited and excessive “fragmentation” of norms on criminal liability for calls. It is concluded that it is necessary to unify criminal legislation in terms of the prohibition of calls. The results of the study are aimed at effective counteraction to crimes of terrorist, extremist and subversive orientation, can be used in law enforcement, law-making activities, as well as for scientific and educational purposes.

public calls as a crime, subject of crime, calls to terrorist activity, calls to extremist activities, calls to mass riot, calls to subversive activities