On the issue of defining the content of “encroachment” within the meaning of article 295 of the criminal code of the Russian federation

Relevance. The uncertainty of the content of the concept of "encroachment" in the context of Article 295 of the Criminal Code of the Russian Federation prevents the formation of a uniform approach to the assessment and understanding of the objective side of the specified crime.

The purpose of the study is a comprehensive analysis of individual theoretical and practical aspects of the application of Art. 295 of the Criminal Code of the Russian Federation, in terms of the preliminary investigation.

Objectives: analysis of current criminal legislation in terms of regulating liability for attacks on the lives of officials conducting preliminary investigations; study of approaches to defining the concept of "attack"; establishment of the features of the objective side of the crime provided for in Article 295 of the Criminal Code of the Russian Federation; formulation of the author's definition of the concept of "attack" in relation to Article 295 of the Criminal Code of the Russian Federation.

Methodology. The presented scientific research used the analysis of regulatory legal acts, formal-legal, doctrinal, historical-legal, sociological and logical-legal methods.

Results. The content of the key features of the objective side of the corpus delicti provided for in Article 295 of the Criminal Code of the Russian Federation is revealed. The author has identified an ambiguity in the theoretical understanding of the term "encroachment" in relation to Article 295 of the Criminal Code of the Russian Federation, due to the lack of its legally fixed and formulated definition.

Conclusion. The author has formulated a definition of the concept of "encroachment" as an act provided for in Article 295 of the Criminal Code of the Russian Federation in the part concerning officials conducting the preliminary investigation. A conclusion has been made about the high degree of public danger of this type of crime and it has been proposed to supplement the existing act of interpretation with appropriate explanations containing the definition of the term "encroachment".

1. Mikheeva S.N., Skipskii G.A. Features of the implementation of state protection measures for law enforcement officers and their loved ones in the event of a threat to life, health and property. In: Deyatel'nost' pravookhranitel'nykh organov v sovremennykh usloviyakh: sbornik materialov XXII Mezhdunarodnoi nauchno-prakticheskoi konferentsii = The activities of law enforcement agencies in modern conditions: Collection of materials of the XXII international scientific and practical conference. Vol. 2. Irkutsk: Vostochno-Sibirskii in-t MVD Rossii; 2017. P. 149-153. (In Russ.)

2. Vandan-Ish A. Criminal liability for attacks on the life and health of a government official under the laws of the Russian Federation and Mongolia. St. Petersburg: S.-Peterbur. un-t MVD Rossii; 2022. 135 p. (In Russ.)

3. Kashezheva B.A. 295 of the Criminal Code of the Russian Federation. In: Sankt-peterburgskie vstrechi molodykh uchenykh: materialy II vserossiiskogo kongressa = St. Petersburg meetings of young scientists: proceedings of the II All-Russian congress. St. Petersburg: S.-Peterb. un-t MVD Rossii; 2024. P. 575-579. (In Russ.)

4. The course of Soviet criminal law. The Special part. Vol. 4. Leningrad: Izd-vo LGU; 1978. 558 p. (In Russ.)

5. The basis of a criminal legal prohibition. Moscow: Nauka; 1982. 303 p. (In Russ.)

6. Bobrakov I.A., Karmanov O.A. Encroachment on the life of a person exercising justice or preliminary investigation: criminal law analysis. Bryansk: BF MosU MVD Rossii; 2008. 159 p. (In Russ.)

7. Mal'tsev V. Criminal law protection of officials and citizens in connection with official or public activities. Zakonnost' = Legality. 1996;(1):10-13. (In Russ.)

8. Grishanin P.F., Zhuravlev M.P. Crimes against the order of government. Moscow: Yurid. lit.; 1963. 43 p. (In Russ.)

9. Polenov G.F. Responsibility for crimes against governance. Moscow: Yurid. lit.; 1966. 136 p. (In Russ.)

10. Dement'ev S. On responsibility for attacks on the life, health and dignity of police officers and people's vigilantes. Sotsialisticheskaya zakonnost' = Socialist legality. 1963;(4):42-46. (In Russ.)

11. Lopashenko N.A. (ed.) Crimes against justice (Chapter 31 of the Criminal Code of the Russian Federation). Moscow: Yurlitinform; 2023. 560 p. (In Russ.)

12. Krasikov A.N. Criminal and legal protection of political, civil and other constitutional rights and freedoms of man and citizen in Russia. Saratov; 2000. 99 p. (In Russ.)

13. Shuvalova A.M. Issues of qualification of crimes encroaching on the life of a person exercising justice or preliminary investigation. Vestnik Volzhskogo universiteta imeni V.N. Tatishcheva = Bulletin of the V.N. Tatishchev Volga University. 2020;(3-1):237-246. (In Russ.)

14. Trainin A. N. The general doctrine of the composition of the crime. Moscow: Gosyurizdat; 1957. 363 p. (In Russ.)

15. Kogan V.M The social mechanism of criminal law impact. Moscow: Nauka; 1983. P. 93. (In Russ.)