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Appendices

The appendix № 1

Offered de lege ferenda edition of item 306 UK the Russian Federation

Article 306. The False denunciation

1. A false denunciation about committing a crime -

It is punished...

2. The same act made concerning obviously innocent person, -

It is punished.

3. The acts provided by parts of first and second present article, made with use of mass media, and persons equally connected to charge in fulfilment heavy or especially grave crime or the entailed heavy consequences, -

Are punished...

4. The acts provided by parts of first, second or third present article, connected to artificial creation of proofs of charge, -

Are punished.

The note. The person who has extended a false denunciation, is released from the criminal liability if it voluntary, before criminal case excitation, has declared about lozhnosti the data informed it.

Offered de lege ferenda edition of item 307 UK the Russian Federation

Article 307. The False indication, the expert's statement, the expert or wrong transfer

1. The false conclusion or the indication of the expert, the expert, and equally obviously wrong transfer in court or by manufacture of preliminary investigation -

Are punished...

2. The false witness's testimony or the victim in court or by manufacture of preliminary investigation -

Are punished.

3. The acts provided by parts of first or second present article, made by a group of persons on preliminary arrangement or from mercenary or other partiality, and persons equally connected to charge in fulfilment heavy or especially grave crime or the entailed heavy consequences, -

Are punished.

4. The acts provided by parts of first, second or third present article, connected to artificial creation of proofs of charge, -

Are punished.

The note. The witness who has sustained, the expert, the expert or the translator are released from the criminal liability if they voluntary during inquiry, preliminary investigation or proceeding before adjudgment of court or the decree have declared about lozhnosti the indications given by them, the conclusions or obviously wrong transfer and have given truthful evidences, the authentic conclusion or a correct translation.

Academy G eneralnoj Offices of Public Prosecutor of the Russian Federation

The questionnaire of expert interrogation of public prosecutor's workers [272] concerning application of articles 306 and 307 Criminal codes of the Russian Federation

Dear colleagues!

Scientific research of problems of application of articles 306 and 307 Criminal codes of the Russian Federation is carried out Academy G eneralnoj Offices of Public Prosecutor of the Russian Federation (further - UK the Russian Federation), directed on criminally-right protection interests of justice.

We ask you to take part in the given expert interrogation which is anonymous (the questionnaire to sign it is not necessary). Your answers will be used in the generalised kind.

The purpose of carried out research - to learn opinion of the interrogated experts on existing problems in the named area and necessity of working out of offers on perfection of the criminal legislation.

Recommendations about questionnaire filling: attentively read the offered questions; note any badge chosen (ye) a variant () the answer (ov) which (ye) corresponds (jut) to your opinion.

If any of the offered variants of answers does not suit you, is short state the opinion in the column "Other".

For your convenience in the questionnaire the text of analyzed articles in actual edition is resulted.

Article 306. The False denunciation

1. A false denunciation about committing a crime -

It is punished by the penalty at the rate to hundred twenty thousand roubles or at a rate of wages or other income condemned for the period till one year, or obligatory works for the term up to four hundred eight-ten hours, or correctional labour for the term up to two years, or forced hard labour for the term up to two years, or arrest for the term up to six months, or imprisonment for the term up to two years.

2. The same act connected to charge of the person in fulfilment heavy or especially of grave crime, -

It is punished by the penalty at the rate from hundred thousand to three hundred thousand roubles or at a rate of wages or other income condemned for the period from one year till two years, or forced hard labour for the term up to three years, or imprisonment for the same term.

3. The acts provided by parts of first or second present article, connected to artificial creation of proofs of charge, - are punished by forced hard labour for the term up to five years or imprisonment for the term up to six years.

Article 307. The False indication, the expert's statement, the expert or wrong transfer

1. The false witness's testimony, the victim or the conclusion or the indication of the expert, the indication of the expert, and equally obviously wrong transfer in court or by manufacture of preliminary investigation -

Are punished by the penalty at the rate to eight-ten thousand roubles or at a rate of wages or other income condemned for the period about six months, or obligatory works for the term up to four hundred eight-ten hours, or correctional labour for the term up to two years, or arrest for the term up to three months.

2. The same acts connected to charge of the person in fulfilment heavy or especially of grave crime, -

Are punished by forced hard labour for the term up to five years or imprisonment for the same term.

The note. The witness who has sustained, the expert, the expert or the translator are released from the criminal liability if they voluntary during inquiry, preliminary investigation or proceeding before adjudgment of court or the decree have declared about lozhnosti the indications given by them, the conclusion or obviously wrong transfer.

1. How you consider, whether the criminally-legal form of reaction of the state on a false denunciation (item 306 UK the Russian Federation) and false witness (item 307 UK the Russian Federation) is unique, or sanctions of rules of law of other branches of law can provide due protection of interests of justice, the rights and legitimate interests of the person against considered acts?

1.1. Yes, the most effective and unique is criminally-right protection (80 %).

1.2. No, sanctions of rules of law of other branches of law can provide due protection of protected interests (14 %).

1.3. I am at a loss to answer (6 %).

2. Whether It was necessary to you in the office activity

To be engaged in practice of application of item 306 UK the Russian Federation?

2.1. Yes (43 %).

2.2. Is not present (56 %).

2.3. I am at a loss to answer (1 %).

3. Whether It was necessary to you in the office activity

To be engaged in practice of application of item 307 UK the Russian Federation?

3.1. Yes (31 %).

3.2. Is not present (69 %).

3.3. I am at a loss to answer (0 %).

4. If you in the office activity faced necessity of application of specified articles UK the Russian Federation, whether that met in your practice of a situation when the crimes provided by articles 306 and 307 UK Russian Federation, were made in partnership?

4.1. Yes, it is frequent enough (9 %).

4.2. Such situations are rare (9 %).

4.3. Is not present (60 %).

4.4. I am at a loss to answer (22 %).

5. Whether should to come under, in your opinion, to the criminal liability convicted for a summer residence of false indications in which the false denunciation connected with charge of obviously innocent person in committing a crime contains?

5.1. Yes (65 %).

5.2. Is not present (25 %).

5.3. I am at a loss to answer (9 %).

5.4. Other (1 %).

6. Whether you experienced difficulties at qualification of acts under item 306 UK the Russian Federation?

6.1. Yes, it is frequent (2 %).

6.2. Yes, sometimes (22 %).

6.3. Is not present (43 %).

6.4. I am at a loss to answer (33 %).

7. Whether you experienced difficulties at qualification of acts under item 307 UK the Russian Federation?

7.1. Yes, it is frequent (3 %).

7.2. Yes, sometimes (14 %).

7.3. Is not present (43 %).

7.4. I am at a loss to answer (40 %).

8. What more often, in your opinion, is the reason of occurrence of difficulties at qualification of the named crimes (it is possible to choose some variants of the answer)?

8.1. The unsuccessful legislative formulation of a disposition of the basic corpus delicti provided ch. 1 items 306 UK the Russian Federation (17 %).

8.2. The unsuccessful legislative formulation of a disposition of the qualified corpus delicti provided ch. 2 items 306 UK the Russian Federation (4 %).

8.3. The unsuccessful legislative formulation of a disposition of especially qualified corpus delicti provided ch. 3 items 306 UK the Russian Federation (3 %).

8.4. The unsuccessful legislative formulation of a disposition of the basic corpus delicti provided ch. 1 items 307 UK the Russian Federation (7 %).

8.5. The unsuccessful legislative formulation of a disposition of the qualified corpus delicti provided ch. 2 items 307 UK the Russian Federation

(5 %).

8.6. The unsuccessful legislative formulation of the note to item 307 UK the Russian Federation (8 %).

8.7. Absence of the decision of Plenum of the Supreme Court of the Russian Federation with explanations on most complicated questions of application of the legislation on crimes against public justice (38 %).

8.8. Absence of methodical materials (methodical recommendations, manuals, etc.) on most complicated questions of application of the legislation on crimes against public justice (29 %).

8.9. Potential corruption constituting (the conflict of interests) the officials allocated with the competence on application of given norms (7 %).

8.10. Low level of the juridical education and vocational training of the employees applying norms criminal and criminally - the law of procedure (23 %).

8.11. Other (specify what exactly) (6 %).

8.12. I am at a loss to answer (21 %).

9. Whether, the norm provided by item 306 UK the Russian Federation requires a concrete definition, change or addition?

9.1. Yes (31 %).

9.2. Is not present (36 %).

9.3. I am at a loss to answer (32 %).

9.4. Other (1 %).

10. Whether, the norm provided by item 307 UK the Russian Federation requires a concrete definition, change or addition?

10.1. Yes (23 %).

10.2. Is not present (37 %).

10.3. I am at a loss to answer (37 %).

10.4. Other (13 %).

In interrogation end inform, please, some information on. The given information will be exclusively used in the generalised kind and the scientific purposes.

The experience of your work in organs of the Prosecutor's Office?

1. Till 3 years (0 %); 2. 3-5 years (0 %); 3. 5-10 years (14 %);

4. 10-15 years (18 %); 5. 15-20 years (32 %); 6. Over 20 years (36 %).

Thanks for participation in interrogation!

5 See, for example: criminal case № 1-422/2012 (archive of Podolsk city court of the Moscow area); criminal case № 1-159/2010 (archive of Slantsevsky city court

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A source: Tsepelev Konstantin Valerevich. FALSE DENUNCIATION And the FALSE INDICATION, the EXPERT'S STATEMENT, the EXPERT OR WRONG TRANSFER: CRIMINALLY - the LEGAL CHARACTERISTIC And QUALIFICATION PROBLEMS. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2018 . 2018

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