IMPROVEMENT OF CRIMINAL RESPONSIBILITY FOR THE smuggling SUBJECTS UNDER ART. 226.1 of the Criminal Code
Introduction: Criminal liability is a logical and socially justified process resulting from the criminalization of socially dangerous acts. Smuggling remains the most common and most dangerous of customs crimes. Under Art. 226.1 of the Criminal Code crimes are classified as serious and especially serious; only a punishment in the form of imprisonment can be imposed for their commission, in connection with which, the article discusses the main areas of legal regulation of criminal liability for smuggling items listed in Art. 226.1 of the Criminal Code, attention is drawn to the compliance with the penalties imposed for smuggling, qualified under Art. 226.1 of the Criminal Code, the nature and degree of public danger of the crime. Materials and methods: the regulatory framework of the study is formed by the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, Decree of the Government of the Russian Federation of September 13, 2012 No. 923, other provisions of Russian legislation governing the import and export of items through the customs border of the Customs Union within the framework of the EurAsEC. The methodological basis was the method of dialectical cognition, through which the author undertook a scientific understanding of the problem field of research in a dynamic and static aspect, as well as methods of comparison, analysis, generalization and description. Results of the research: they consist in the fact that the author disclosed the content of criminal liability for smuggling items listed in Art. 226.1 of the Criminal Code of the Russian Federation, the punishment imposed on persons for each part of Art. 226.1 of the Criminal Code, an attempt has been made to consider the development of scientifically based recommendations that optimize the specifics of the criminal law prohibiting the smuggling of items listed in Art. 226.1 of the Criminal Code. Summary and Conclusion: analyzed types of sentencing under Art. 226.1 of the Criminal Code of the Russian Federation, by the nature and degree of public danger, allowed to consider possible areas of legislative regulation of the criminal law prohibition, enshrined in Art. 226.1 of the Criminal Code.