Valentin I. Mikhailov
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, firstname.lastname@example.org, https://orcid.org/0000-0002-5871-2612
Abstract. In order to combat corruption and other crimes and other threats, the possibility of secret wiretapping of telephone conversations, the deprivation of liberty of persons suspected of committing a crime, the movement within the controlled supply of goods and items whose turnover is illegal, the use of physical force, special means, weapons, special and military equipment by regulatory legal acts regulating the activities of the relevant activities is provided. As a result, there is an invasion of the constitutional rights of citizens, they can be harmed. At the same time, wiretapping, deprivation of liberty, causing harm to health, and the movement of goods and objects whose turnover is illegal are prohibited by criminal law and are recognized as crimes. Norms-permits and norms-prohibitions in relation to the same subject of regulation should be coordinated not only from the point of view of balancing the interests of citizens and organizations and the interests of combating crimes, but also legally and technically. However, at present, there is no theoretical justification for the principles (rules, methods) of legal and technical coordination of norms-prohibitions and norms-permits.
The purpose of the study is to establish the methods used by the legislator to coordinate normsprohibitions and norms-permits, to open gaps and show ways to eliminate them. This goal was achieved as a result of comparing the permits provided for by normative legal acts to commit acts that are superficially similar to crimes and actually cause harm, with the prohibitions to commit such acts enshrined in the Criminal Code of the Russian Federation.
Scientific research methods (dogmatic, formal-logical, comparative) were used when considering the institutions of criminal law and the provisions of normative legal acts regulating the relevant types of activities within a single system.
Conclusion: to develop the principles (methods, methods) of legal and technical coordination of norms-prohibitions and norms-permits, comprehensive interdisciplinary research is necessary, and the author also makes specific proposals to eliminate the gaps that have been discovered.
Keywords: crime, prohibitions, permits, criminal law regulation, operational and investigative activities, lawful harm, the balance of prohibitions and permits, circumstances that exclude the criminality of the act
For citation. Mikhailov V. I. Coordination of Prohibitions and Permits Established for the Purpose of Combating Corruption as an Interdisciplinary Problem. Journal of Russian Law, 2021, vol. 25, no. 6, pp. 117—130. (In Russ.) DOI: 10.12737/jrl.2021.078
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