INSIGNIFICANCE OF THE ACT IN CRIMES RELATED TO ILLEGAL ARMS TRAFFICKING
Journal: PENAL LAW
Volume 20 № 3
, 2025
Authors:
1.
Rossiyskiy universitet druzhby narodov imeni Patrisa Lumumby
Type:
Article
Pages:
from 448
to 454
Status:
Published
Received:
09.04.2025
Accepted:
18.08.2025
Published:
10.09.2025
Subject area:
VAK Russia 5.1.4
UDC 343.344
UDC 343.344
Language:
Russian
Keywords:
insignificance of the act, public danger, illegal arms trafficking, criminal liability
Abstract (English):
The article is devoted to the analysis of the application of the norm of the Criminal Code of the Russian Federation, which excludes the criminality of an act due to its insignificance, in the context of crimes related to the illicit trafficking of weapons and explosives. The article considers the problem of ambiguous interpretation of this rule in judicial practice, especially against the background of stricter criminal liability for crimes against public safety. Based on a comparison of two similar criminal cases, contradictions in judicial practice are revealed. It is concluded that it is important to take into account the actual harm and potential danger when addressing the issue of insignificance, and measures are proposed to ensure uniformity of law enforcement. The article substantiates the need to develop clear criteria for assessing insignificance, including the quantitative and qualitative characteristics of the crime object, its storage conditions and the identity of the accused.
The article is devoted to the analysis of the application of the norm of the Criminal Code of the Russian Federation, which excludes the criminality of an act due to its insignificance, in the context of crimes related to the illicit trafficking of weapons and explosives. The article considers the problem of ambiguous interpretation of this rule in judicial practice, especially against the background of stricter criminal liability for crimes against public safety. Based on a comparison of two similar criminal cases, contradictions in judicial practice are revealed. It is concluded that it is important to take into account the actual harm and potential danger when addressing the issue of insignificance, and measures are proposed to ensure uniformity of law enforcement. The article substantiates the need to develop clear criteria for assessing insignificance, including the quantitative and qualitative characteristics of the crime object, its storage conditions and the identity of the accused.
Keywords:
insignificance of the act, public danger, illegal arms trafficking, criminal liability
insignificance of the act, public danger, illegal arms trafficking, criminal liability
1. Murkshtis, M. Y. 2018, Countering illegal arms trafficking: criminal law and criminological research: Sc.D thesis (Law), Moscow.
