DEBATABLE ISSUES OF THE CHARACTERISTICS OF THE SUBJECT AND THE OBJECTIVE SIDE OF THE CRIME PROVIDED FOR IN ARTICLE 312 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Author(s): Melnikov E.A.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2025-3-48-57

Release: 2025-3 (47)

Pages: 48-57

Keywords: confiscation, seizure of property, enforcement proceedings, crimes against justice, the object of the crime, the objective side of the crime, the subject of the crime

Annotation: The purpose of the study is to characterize de lege lata and de lege ferenda to the subject and objective side of the crime provided for in Article 312 of the Criminal Code of the Russian Federation, taking into account exist- ing controversial issues. An important feature of the subject of the crime provided for in Part 1 of Article 312 of the Criminal Code of the Russian Federation is that the property must be entrusted to the potential subject of the crime in accordance with the established procedure. The article presents cases related to violations of the procedure for entrusting property. Separate problematic issues related to the seizure of property in common shared ownership are considered. The debatable issues concerning the methods of committing a crime under Part 1 of Article 312 of the Criminal Code of the Russian Federation are analyzed. The author examines the issue of how to consider the actions of a person who has squandered the entrusted property through negligence. Examples are given when, when committing a crime under Article 312 of the Criminal Code of the Russian Federation, an ideal set of crimes can be formed. The correlation of the norms contained in Part 1 of Article 312 of the Criminal Code of the Russian Federation and Article 160 of the Criminal Code of the Russian Federation is considered. In addition, the author provides suggestions for editorial clarification of Article 312 of the Criminal Code of the Russian Federation. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Melnikov E.A. DEBATABLE ISSUES OF THE CHARACTERISTICS OF THE SUBJECT AND THE OBJECTIVE SIDE OF THE CRIME PROVIDED FOR IN ARTICLE 312 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION // Journal of Legal Sciences. – 2025. – № 3 (47). – С. 48-57. doi: 10.21777/2587-9472-2025-3-48-57