Author

ZAKHARCHUK S.D.

Title of article

PECULIARITIES OF ESTABLISHING THE ELEMENTS OF ENCROACHMENT
ON THE LIFE OF LAW ENFORCEMENT OFFICER

Section

Section 11.  The problems of legal
science and law enforcement practice: young researchers’ view

Issue, year

4 (42) 2017

Abstract

The article discusses the controversial issues of establishing the elements of such crime as an encroachment on the life of law enforcement officer. It is stated that when qualifying socially dangerous acts under Article 317 of the Criminal Code of the Russian Federation, difficulties
arise both in the theory of criminal law, and law enforcement practice. Thus, the absence of a proper victim excludes the classification for this corpus delicti, and the ambiguity of the interpretation of the
term “encroachment” leads to an incorrect interpretation of the objective and subjective elements of the crime. The author makes the suggestion about the expediency of adopting a resolution of the
Plenum of the Supreme Court of the Russian Federation, clarifying the application of certain provisions of Article 317 of the Criminal Law.

Keywords

criminal remedies;encroachment; law enforcement officer; public order maintenance; ensuring public safety; performance of official duties; revenge.