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DOI: 10.15507/VMU.024.201404.060
SOME ISSUES OF DEFINING THE SUBJECT OF FORGERY
S. N. Pomnina.
(Associate professor of Criminal law, Criminalistics and Criminology chair of Law faculty, Ogarev Mordovia State University (Russia, Saransk, 68 Bolshevistskaya Str.), Candidate of Sciences (PhD) degree holder in Law, This email address is being protected from spambots. You need JavaScript enabled to view it.)
The article is devoted to criminal law characteristic of the object crime under Article 292 of the Criminal Code. Being constructive feature of the offense, the subject of forgery is subject to mandatory establishment in qualifying action constituting a criminal offense prohibited by applicable law and is a fairly dangerous phenomenon. Obvious blanket dispositions of the Article 292 of the Criminal Code stipulates the need for clear, highly diverse and multifaceted definition of the subject of forgery, the lack of which leads to a discontinuous current interpretation of objective evidence. Questions about the designation of a document as an official subject to a crime under Article 292 of the Criminal Code, are certain difficulties for law enforcers. To answer these questions, the author conducts a comprehensive analysis of the definitions of the official document, which is reflected in legislation and criminal law doctrine. Subject to the provisions of the existing penal law, the norms of positive law and the opinions of leading experts in the field of criminal law in the Russian Federation, submitted article examines the most controversial issues of identifying and clarifying the essential features of the subject of forgery, identifie sarising from these challenges and difficulties in the classification of the analyzed crime proposed recommendations for improving the considered norm.
Keywords: crime, forgery, crimim! liebility, subject of а crime, the officiаl document.
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