Problems of practice of use of criminal precept of law about arbitrariness
In article the social and legal conditionality of criminal liability for arbitrariness through the following principles of criminalization is considered: public danger, prevalence, historical continuity, existence of foreign experience of criminal liability for similar act. Besides, the attention is focused on a number of problematic issues of Art. 330 of the Criminal Code of the Russian Federation «Arbitrariness». In particular in p.1 this article of the Criminal Code of the Russian Federation there is a simple disposition which promotes various investigative and to miscarriages of justice and also possible abuses. The author points also to such lack of Art. 330 of the Criminal Code of the Russian Federation «Arbitrariness» as truncation by the domestic legislator of a formulation of the consequences which are caused commission of this crime namely: citizen or organization. In addition, such sostavoobrazshchuyushchy sign of arbitrariness as contest of legitimacy of arbitrary actions is problematic. It is specified in article that so far in Russia there was no consecutive and optimized practice of application of Art. 330 of the Criminal Code of the Russian Federation «Arbitrariness».