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LEGAL BOUNDARIES OF STATE SECURITY: A COMPARATIVE ANALYSIS OF PUNISHMENT LIABILITY FOR PUBLIC CALLS AGAINST THE SECURITY OF THE STATE
Resumo
The relevance of the article is determined by the inclusion of Article 280.4 in the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which is largely explained by the special military operation conducted by the Armed Forces of the Russian Federation since February 2022. The changes carried out within the framework of this area of development of criminal legislation make it possible to ensure the most accurate correspondence between the means of criminal legal influence and the degree of public danger of the act. These circumstances necessitate the development of theoretical proposals for the application of novelties of the criminal law. Moreover, to date, there is no judicial interpretation in cases of this category, which does not allow us to talk about compliance with uniform approaches to the application of relevant criminal law norms. There are problems in the methodology of investigating these crimes and conducting expert research. The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 280.4 of the Criminal Code of the Russian Federation and the practice of applying this legal norm based on the analysis of normative legal acts, literary sources and law enforcement practice. The article touches upon significant theoretical issues and problems of law enforcement practice, suggests ways to resolve contradictions and improve the criminal law.
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DOI: http://dx.doi.org/10.21902/Revrima.v1i43.7412
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