Art. 330 of the Criminal Code: the nature of the crime and punishment

Self-rule (Article 330 of the Criminal Code) is considered to date one of the most common methods of criminal decision of property disputes. As actors of the act, as a rule, managers and responsible employees of enterprises of different forms of ownership. Illegal behavior is often characteristic of government officials. Let us further consider in detail such phenomenon as arbitrariness.

Art. 330 of the Criminal Code

Normally, the nature of unlawful actions is determined and punishment is established. The qualification for the article in question is carried out if there is an unauthorized procedure that does not conform to the procedure established by law or another normative act, the commission of any actions that, because of their illegality, are disputed by a citizen or organization, if they are followed by significant harm. According to Art. 330 of the Criminal Code of the Russian Federation for this behavior is provided for several types of punishment.

1. Penalty up to 80 thousand rubles. Or in the amount equal to s / n (other income) for six months.
2. Compulsory work up to 480 hours.
3. Arrest to six months.
4. Up to 2 years of correctional labor.

For the acts established in Part 1 of Art. 330 of the Criminal Code, the verdict is relatively mild. In particular, the sanctions do not include imprisonment or forced labor. Punishment is toughened in the presence of qualifying signs.

Aggravating circumstances

In the second part of Art. 330 of the Criminal Code of the Russian Federation, the offense is supplemented by qualifying signs. For example, the act mentioned above can be committed with the use of violent actions or under their threat. In this case, the following types of punishment are provided:

1. Forced labor up to 5 years.
2. Arrest to six months.
3. Up to 5 years in prison.

Apparently, the penalty list has been removed from the sanctions list, as well as correctional and compulsory work.

Commentary to art. 330 of the Criminal Code

The objective part of the act consists in unauthorized, illegal, inconsistent with the established procedure for the performance of actions. Their legitimacy is challenged by a legal person or citizen. Illegal behavior is always expressed in active action. It may contradict the government decree, the Federal Law, the normative act of the local government agency, and so on. The contesting of the conduct of the perpetrator can be carried out in a disciplinary, judicial or administrative order. This right can be realized both directly in the performance of actions, and after that.

Public danger

It consists in the fact that the act violates the order of realization by the subjects of their interests and rights, established by the norms. Along with this, the behavior of the perpetrator brings substantial harm to the victims. He is conditioned by the impossibility of their own rights and interests being realized by them. The composition of the crime is formulated as material. As a mandatory criterion of qualification is causing significant damage. It can be inflicted on organizations or citizens. He expresses himself in moral harm, property damage, infringement of interests and so on. Its significance is assessed by the court at the time of the commission of unlawful acts.

The subjective part

This side of the act under art. 330 of the Criminal Code is intentional guilt. The subject understands the degree of danger of his behavior for society. He realizes that his actions are not consistent with the law or the provisions of another normative act. He, thus, arbitrarily performs something that can later be challenged by a citizen or organization. Guilty implies the inevitability or possibility of significant damage. But he consciously admits or wants his offense or refers to such a probability with indifference. To liability (under Article 330 of the Criminal Code), a sane citizen who has reached the age of 16 may be involved. If an unlawful action was committed by an official or employee in a private detective / security service, his conduct is assessed under Article 203, 201, 285 or 286 of the Code.

Qualifying signs

They are established by the second part of Art. 330 of the Criminal Code. These signs are: the use of violence, the threat of its use. In case of causing unintentional death, as well as serious damage to health, in case of arbitrariness, the act is additionally qualified in accordance with the relevant articles. As a threat of using violence, understand warnings of murder or beatings of varying severity. The actual infliction of severe damage is qualified additionally under Art. 111 of the Criminal Code.

Separation from other acts

Some actions that are qualified under Art. 330 of the Criminal Code of the Russian Federation, are independent criminal acts. For example, they are provided for in articles 260, 140, 139, 137, 166 of the Code. In this case, the behavior falling under Art. 330 of the Criminal Code of the Russian Federation, it is necessary to differentiate, delimit from an administrative offense on the grounds of absence of significant damage, as well as aggravating circumstances (the use of violence or its threat).

Features of the implementation of actions

Self-rule may be manifested in the process of exercising the rights that a citizen is legally entitled to have, if the order that is provided for their implementation is violated. For example, when the debtor seizes the borrower's property without his consent and without a court decision to recover the debt. Self-rule also occurs when the guilty person mistakenly believes that he has the authority to perform certain actions. As such, it is necessary to consider such behavioral acts when, when collecting debts, the creditor or the entities that he employs apply violence to the borrower. On objective grounds, these actions are analogous to robbery, extortion or robbery. But since the use of violence acts as a way of realizing the proprietary right that belongs to the perpetrator, his behavior should be considered in the article that is commented on. As it was said above, in the event of serious damage to health, the act is additionally qualified in the relevant criminal articles.

An Important Moment

A person can commit arbitrary actions using official position. In this case, it is responsible for excess or abuse of authority under Art. 286, 285 of the Criminal Code. An entity that performs administrative work in a commercial or public structure that has committed arbitrariness is prosecuted under Article 201 of the Code.

Conclusion

In the context of the economic and financial crisis, there has been an increase in the number of crimes related to property or property, accompanied by arbitrariness. Some analysts believe that this situation will continue after the country leaves the unstable state. Experts explain this by the fact that the reasons for arbitrariness consist in weakening state power, imperfect legislation and the judicial system and other negative phenomena of modern life. It should, however, be said that this kind of behavior was common in the old days. For example, in the course of socio-economic transformations in the 1990s, arbitrariness manifested itself quite often in resolving property disputes. Types of such actions are diverse and encroach on different objects. Among them, apart from property relations, it is worth noting the dignity and honor, health and human life, the order of management and so on.