The complexity of understanding crimes against the order of governance

Abstract

The paper is devoted to the much-debated issues of understanding crimes against the order of governance. Russian law doctrine traditionally treats crimes against the order of governance as those committed against the persons who carry out and provide for legal governance activities. Another popular topic is the study of arbitrariness. At the same time, there exist different approaches to determining the very system of crimes against the order of governance, which has undergone considerable changes in recent years. In this research the author summarizes the progress made by Russian law doctrine and presented in special dissertation theses. The author comes to the following conclusions: 1. The key immediate object of crimes against the order of governance are public relations and interests connected with the provision of specific types of state governance. 2. The system of crimes against the order of governance includes: a) encroachment upon the persons who carry out and provide for legal governance activities; b) encroachment upon the integrity of the border and the procedure of legally staying on the territory of the Russian Federation; c) encroachment on the established order of turnover for official documentation, state awards and identification tools; d) other encroachments on the order of governance. 3. At present there is an excessive criminalization of encroachment upon the order of governance. 4. There exists a need for a legislative recognition of «close persons» as victims of violent crimes against the order of governance. 5. It is necessary to determine the limits of violence, thus, infliction of grave harm to a victim’s health should always be qualified accumulatively with Art. 318 of the Criminal Code of the Russian Federation. 6. More attention should be paid to the disputable issues of the organization of illegal migration, arbitrariness and some other crimes against the order of governance