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The Questions of Ratio of “Service Crimes” and “Malfeasance” in the Modern Russian Criminal Law


(Moscow)

The article raises the question of the correct location of the Chapter 23 in Russian Criminal Code.
In theory of criminal law, there are reasonable proposals to unite Chapters 23 and 30 of the Russian Criminal Code. Some researchers have also questioned the advisability of the independent existence of Chapter 23 of the Russian Criminal Code.
The author analyzes the formation of Malfeasance in the history of criminal law; this analysis helps to see the nature of these crimes better.
The study is based on awareness that a lawyer, who has devoted his life to science, first should evaluate the legal norm as a fair.
Because the notion “justice” could be seen as the standpoint of a right, as well as the standpoint of morality.
The author says that we should rethink the values that suffer from criminal encroachment in the course of acts referred to in Articles 201, 204 of the Criminal Code.
As a result, the author enters into controversy with reputable researchers and offers his reasonable version of the object of a criminal assault.
service crimes, commercial bribery, abuse of authority, malfeasance

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