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Current Theoretical and Practical Issues of Theft Qualification

https://doi.org/10.25205/2542-0410-2024-20-4-41-49

Abstract

The article examines current theoretical and practical issues arising in the qualification of theft. The authors conducted and presented an analysis of the problems of qualification related to the characteristics of legal liability and the distinction between theft and crimes that have identical characteristics. The work presents a number of arguments confirming the need for a clearer distinction between theft and civil, administrative, tax and other offenses. Proposals are put forward to eliminate contradictions in judicial practice in assessing and distinguishing crimes related to the secret theft of someone else’s property.

About the Authors

R. N. Borovskich
Novosibirsk National Research State University
Russian Federation

Roman N. Borovskikh, Doctor of Law, Assistant Professor, Professor of the Department of Criminal Law, Criminal Procedure and Criminalistics

Novosibirsk



S. N. Sabanin
Ural Institute of Management – Branch of the Russian Presidential Academy of National Economy and Public Administration
Russian Federation

Sergey N. Sabanin, Doctor of Law, Professor, Honored Lawyer of the Russian Federation

Yekaterinburg



References

1. Borovskikh R. N., Shatokhin M. Yu. Criminal Liability for Petty Theft: Declared Purposes and Actual Meanings. Juridical Science and Practice, 2023, vol. 19, no. 1, pp. 52–60. (in Russ.)

2. Korsun D. Y. Insignifi cant act with qualifying signs // Humanities, socio-economic and social sciences. – 2019. – No. 3. – pp. 131-138.

3. Chelobitchikov M. E. The value of stolen property. Legality, 2016, no. 3, pp. 31–32. (in Russ.)

4. Dobrodey A. Differentiation of criminal and administrative responsibility. Fundamental and applied scientifi c research: topical issues, achievements and innovations, 2019, pp. 105–109. (in Russ.)

5. Amiyants K. A. The concept of embezzlement in modern criminal legislation of Russia, its forms and types. Alley of Science, 2018, № 4 (20), рp. 821–824. (in Russ.)


Review

For citations:


Borovskich R.N., Sabanin S.N. Current Theoretical and Practical Issues of Theft Qualification. Juridical science and practice. 2024;20(4):41-49. (In Russ.) https://doi.org/10.25205/2542-0410-2024-20-4-41-49

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ISSN 2542-0410 (Print)