по-русски

Actual Problems of
Economics and Law

 

16+

 

DOI: 10.21202/1993-047X.13.2019.3.1404-1411

скачать PDF

Authors :
1. Vladimir V. Sverchkov, Doctor of Law, Associate Professor, Professor
Nizhniy Novgorod Academy of the Russian Ministry of Internal Affairs



Mistakes and quasi mistakes in applying the criminal law: causes and consequences


Objective: to identify the causes of mistakes and quasi-mistakes in applying criminal law; to establish consequences of unsubstantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes; to elaborate proposals aimed at preventing these mistakes and quasi-mistakes.


Methods: analytical, dialectical, dogmatic, documentary, logical, practical, and systematic.


Results: the concepts of “mistake in applying criminal law” and “quasi-mistake in applying criminal law” are defined; the causes of the mentioned mistakes and quasi-mistakes are identified; the most harmful consequences are identified, which are related to unsubstantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes at law-enforcement and managerial levels of implementing the criminal legal policy of the state; the proposals are formulated to enshrine in the legislation the duty of the law enforcement officer to be responsible for a mistake or quasi-mistake in decision-making and for the negative consequences that have arisen, as well as the proposal to exclude such a duty due to objective circumstances.


Scientific novelty: the article for the first time a) defines the concept of “a mistake in applying criminal law” as a neglect in the investigative and judicial practice, inaccuracy, distortion, flaw when classifying a deed under the criminal law, as well as when using the criminal legal measures. Also, b) the author gives the definition of “a quasi-mistake in applying criminal law” as a deliberate making of an illegal, unsubstantiated decision. The reasons of the mentioned mistakes or quasi-mistakes are identified: a) complexity of the specific situations that must be overcome by applying the criminal law; b) low professional level of law enforcers; c) negligence in carrying out the investigation/judicial proceedings due to personal qualities, disruption of work, excessive workload; d) impact on decision making of conjuncture circumstances, opinions/orders of the law-enforcement body’s authority, other officials or other persons. The most harmful consequences of unsubstantiated illegal law-enforcement decisions made by law-enforcers due to mistakes and quasi-mistakes are identified: a) devaluation of the criminal law; b) degradation of the investigative and judicial system; c) the loss of people’s faith in the validity of the state authorities’ decisions, decency of the authorities, and justice.


Practical significance: the main provisions and conclusions should be used to improve the investigative and judicial activities at law-enforcement and managerial levels when implementing the criminal law policy of the state.


Keywords :

Criminal law and criminology; Criminal law; Mistake; Quasi-mistake; Cause; Consequence; Law enforcement; Criminal case


Bibliography :

1. Ozhegov S. I., Shvedova N. Yu. Thesaurus of the Russian language, 3-e izd., stereotipnoe, Moscow, AZ"", 1995, 928 p. (in Russ.).


2. Grand Thesaurus of the Russian language, Saint Petersburg,: Norint, 2000, 1536 p. (in Russ.).


3. Grand Encyclopedic Dictionary, 2-e izd., pererab. i dop., Moscow, Bol'shaya Rossiiskaya entsiklopediya; Saint Petersburg, Norint, 2000, 1456 p. (in Russ.).


4. Order of the Judicial Department of the Supreme Court of the Russian Federation of 09.06.2011 No. 112 “On adopting the List of documents of federal courts of general jurisdiction, stating the retention periods” (in Russ.).


5. Criminal case No. 83023 of 07.01.1999 of Kanavinskiy RUVD of Nizhniy Novgorod, terminated on 07.04.1999. Case file page 366 (in Russ.).


6. Enactment of OPPN OVD of Shadrinsk of 17.04.1998 on rejecting initiation of a criminal case against A. A. Ufimtsev, V. V. Stukov, S. N. Salnikov (in Russ.).


7. Criminal case No. 52003 of 10.12.1997 of Ivanovskiy LOVD of Ivanovo, terminated on 10.03.1998. Case file page 120 (in Russ.).


8. Criminal case No. 83261 of 13.02.1999 of Kanavinskiy RUVD of Nizhniy Novgorod, terminated on 10.04.1999. Case file page 363 (in Russ.).

 

9. Criminal case No. 12461 of 17.08.1998 of Kostroms UVD (in Russ.).


10. Criminal case No. 44750 of 10.07.2004 of Arzamas UVD, terminated on 01.12.2004. Case file pages 133–134 (in Russ.).

11. Criminal case No. 44125 of 10.04.2004 of Arzamas UVD, terminated on 28.07.2004 (in Russ.).


12. Criminal case No. 230582 of 13.03.2005 of Arzamas UVD, terminated on 07.04.2005. Case file pages 36–38 (in Russ.).

13. Criminal case No. 35060 of Kstovo RUVD of Kstov, terminated on 17.03.1998 due to the absence of corpus delicti (in Russ.).


14. Decision of trial jury on criminal cases of the Supreme Court of the Russian Federation of 28.12.2017 No. 67-APU17-24 on case of G., Byulleten' Verkhovnogo suda RF, 2018, No. 10, pp. 14 (in Russ.).


15. Enactment of the Presidium of the Supreme Court of the Russian Federation No. 156-P16 on case of P., Byulleten' Verkhovnogo suda RF, 2018, No. 1, pp. 31 (in Russ.).


16. Bulletin of the Supreme Court of the Russian Federation, 2010, No. 1, p. 1 (in Russ.).


Citation :

Sverchkov V. V. Mistakes and quasi mistakes in applying the criminal law: causes and consequences, Actual Problems of Economics and Law, 2019, Vol. 13, No. 3, pp. 1404–1411 (in Russ.). DOI: http://dx.doi.org/10.21202/1993-047X.13.2019.3.1404-1411


Type of article : The scientific article

Date of receipt of the article :
30.05.2019

Date of adoption of the print :
07.08.2019

Date of online accommodation :
25.09.2019