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Armed insurgency. Qualification Issues (2016)

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Content: S18-47.rar (28.22 KB)
Uploaded: 23.10.2018

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Description

TABLE OF CONTENTS
Introduction 3
1. General characteristics of crimes against the foundations of the constitutional system and state security 5
1.1. The concept and system of norms of crimes against state power 5
1.2. The concept and types of crimes against the foundations of the constitutional system and state security 9
2. Qualification of the armed rebellion 15
2.1. Objective signs 15
2.2. Subjective signs 22
Conclusion 28
References 30
LIST OF USED SOURCES
I. Regulatory and other official documents
1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta. 2009. No. (7) 4831. 21 Jan.
2. Charter of the United Nations (San Francisco, June 26, 1945) [Electronic resource]: URL: http://base.garant.ru/2540400/. (the date of appeal: 04/20/2016).
3. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on March 30, 2016 No. 78-ФЗ) // Collected Legislation of the Russian Federation. 1996. № 25. Art. 2954.
4. RF Law of April 1, 1993 No. 4730-I “On the State Border of the Russian Federation” (as amended on December 30, 2015 No. 468-ФЗ) // Vedomosti of the Congress of People´s Deputies of the Russian Federation and the Supreme Council of the Russian Federation. 1993. № 17. Art. 594.
5. Federal Law of the Russian Federation of May 31, 1996 No. 61-FZ “On Defense” (as amended on December 30, 2015 No. 460-ФЗ) // Collected Legislation of the Russian Federation. 1996. № 23. Art. 2750.
6. Federal Law of the Russian Federation of December 13, 1996 No. 150-FZ “On Arms” (as amended on April 5, 2016 No. 104-ФЗ) // Collected Legislation of the Russian Federation. 1996. № 51. Art. 5681.
7. Federal Law of the Russian Federation of December 28, 2010 No. 390-ФЗ “On Security” (as amended on October 5, 2015 No. 285-ФЗ) // Meeting of the legislation of the Russian Federation. 2011. № 1. Art. 2
8. Presidential Decree of December 24, 1993 No. 2288 “On measures to bring the legislation of the Russian Federation into conformity with the Constitution of the Russian Federation” // Meeting of acts of the President and Government of the Russian Federation. 1993. No. 52. Art. 5086.
9. Criminal Code of the RSFSR. Approved The Armed Forces of the RSFSR on October 27, 1960 (expired) // Vedomosti of the Armed Forces of the RSFSR. 1960. No. 40. Art. 591.
Ii. Practice materials
1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illegal circulation of weapons, ammunition, explosives and explosive devices” // Bulletin of the Supreme Court of the Russian Federation. 2002. № 5.
2. The verdict of the Kumtorkalinsky District Court of the Republic of Dagestan of February 4, 2016 in case No. 1-101 / 2015 [Electronic resource]: URL: http://sudact.ru/regular/doc/DsM6t34krTQC/. (the date of appeal: 04/21/2016).
3. The verdict of the Sverdlovsk Regional Court of April 30, 2014 in case No. 2-5 / 2014 [Electronic resource]: URL: http://sudact.ru/regular/doc/Z6JfDLXg3vu/. (the date of circulation: 04.23.2016).
III. Special literature
1. V. Arkhipov. Criminalization of certain types of participation of persons in armed clashes in the Criminal Code of the Russian Federation // Tagantsevskie readings. SPb., 2014. P. 30-34.
2. Ganyushkin B.V. Armed Conflicts of a New Generation // International Law. 2001. No. 3. P. 218-222.
3. Grachev N.I., Tikhonov A.A. The foundations of the constitutional system as general legal principles // Bulletin of the Volgograd State University. Series 5: Jurisprudence. 2013. No. 1. P. 12-18.
4. Grinko S.D. Illegal armed groups as a threat to the national security of Russia // Law and the law. 2015. No. 8. P. 12-16.
5. Dyakov S.V. State crimes (against the fundamentals of the constitutional system and state security) and state crimes. M .: Yurist, 2009. 128 p.
6. Kazakova V.A. Armed crime: Criminological and crimin

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