CRIMINAL LAW CHARACTERISTICS OF THE REFLECTION OF AN UNFINISHED CRIME IN THE SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article examines the issues of refraction of the provisions of the General part of criminal legislation regarding the institution of unfinished crime in its Special part. The paper defines the concept of an actual unfinished crime in the norms of the Special Part of the Criminal Code of the Russian Federation. The purpose of the article is to analyze the provisions of the Special Part in relation to the issue of reflection in them of such corpus delicti. The subject of the research is criminal law norms and doctrinal provisions regarding the reflection of an unfinished crime in the norms of the Special Part, as well as the specifics of the imposition of punishment when it is committed. The study made it possible to establish that in the Special Part of the Criminal Code of the Russian Federation, the number of such crimes has been growing recently. It is substantiated that this position of the legislator gives rise to the emergence of significant contradictions between both parts of the criminal legislation, destroys their unity, and also violates the logic of constructing the Special Part of the Criminal Code of the Russian Federation. It has been proven that as a result of this practice, serious violations of the rules of legislative technique arise, as well as violations of the rules of the General Part, which regulate the rules for bringing to criminal responsibility in preparation, depending on the category of the crime. It is emphasized that the regulation in the system of the Special Part of such norms leads to a violation of special rules for imposing punishment for an unfinished crime. In order to eliminate these shortcomings, appropriate rules for differentiating responsibility for unfinished crimes in comparison with completed ones are proposed. When solving certain problems, the work uses such research methods as dialectical, comparative legal, systemic and structural. Scope - jurisprudence, law enforcement practice, lawmaking.