amended the text of the Criminal Code and the decriminalization of many offenses was difficult to delimit many offenses against encroachments on the interests protected by the criminal law.This applies to such seemingly "non-serious" offenses as an insult, and to a much more significant action.Currently it decriminalized and smuggling.It is now - a violation of the criminal law, "administrativka" or something else?It is necessary to understand the issue in detail.
objective side
imagine that smuggling - it is still a crime, to be analyzed in the framework of criminal law.What for?The fact that only the theory of criminal law gives interested researchers a genuine understanding of each crime, even over time, these acts are disappearing from the pages of the Criminal Code.
So earlier it was believed that smuggling - a punishable act committed against the interests of Russia external economy.It is described in Article 188. The object appears as a direct foreign system - namely, all rights of the participants of foreign economic activity.
subject - all kinds of goods.
For the definition of "goods" should refer to the customs legislation, in which it is clear that the subject of the analyzed acts of movable property in all its diversity (including money, securities, all kinds of power, means of transport).
The second part lists the special groups of subjects crime: drugs, radioactive or explosive and poisonous substances, weapons, ammunition, military equipment, objects of cultural heritage, the natural raw material of strategic importance.In theory, on the basis of contraband - it is a crime, even if it is currently not considered as such.
objective side of the analyzed acts is transporting these items through the customs border of Russia.The offense is the absence of declaration or false declaration of goods transported or in any other culpable act of non-compliance of the rules of customs regulation.
Since smuggling - the act is characterized by rather complex structure, it is necessary to understand in more detail the specifics of his subject.
offense subject
should clarify the meaning of some of the terms proposed in the article.For example, toxic substances - is any toxic chemicals that are not chemical weapons, but has a strong enough effect to have a negative impact on the respiratory and nervous system.
explosives are considered chemicals, capable of fast chemical reactions under the influence of a certain momentum as a result of such reactions produce heat and gas (eg, dynamite).
natural raw materials involves strategic resources such as natural gas, oil and products of its processing, as well as some seafood (fish eggs, crayfish and crustaceans).
The contraband also includes materials and equipment used in the manufacture of weapons, including - weapons of mass destruction.In addition to direct raw materials and equipment, this group includes technologies potentially or actually used in the above-mentioned purposes.
Communication with customs legislation
Transportation and moving involve both the import and export of objects.Product in the form of energy can be transported, including power transmission lines.
Contraband - a foreign economic offense, so understanding its essence it is necessary to visualize the customs border of the Russian Federation.It is not only the land and the sea, and airspace above the waters and the land territory, as well as any structures that are in the exclusive economic zone in the territory of the water bodies.
Free customs zone is not considered a territory belonging to Russia, but in some cases can be seen in this context.
Composition Composition violations - formal, as it actually is considered ended when moving objects across the customs border.If an attacker has taken the export and import of goods are not, then the end of the act refers to the time of filing tax returns to the competent authorities or any other action that demonstrates the willingness or intent of the person to make the movement of items across the customs border.
subjective side
Under the subjective side of the offense is always implied the existence of direct intent.The attacker is fully aware of the illegality of their actions.
subject should be counted to reach the illegal activities at the time of the age of sixteen.
The law on administrative offenses
So what code belongs to the smuggling: it is the Criminal Code or the Administrative Code?The question can not be seen clearly.The origins lie in the violation of the criminal law - this fact does not change, even federal law, excluding Articles of the Criminal Code.Now, however, it can not be considered contraband entirely from the point of view of criminal law - only in terms of its history and development prospects.Currently, smuggling - is an administrative offense, as reflected in Article 16.1 of the Administrative Code.
