CHARACTERIZING FEATURES OF ANIMAL ABUSE COMPOSITION
The peculiarities stipulated by the current legislation of the qualifying signs of cruel treatment of animals associated with the Commission of the crime of complicity, in order to assess the quality of disposition of part 2 of the criminal code art. 245 are considered. The article analyzes the general knowledge about the technique of legal writing, and the theoretical provisions on the composition of a crime under part 1, part 2 of the criminal code art. 245 implemented formal-legal analysis of dispositions and sanctions enforcement of these norms of the law, considered doctrinal views of the scientists-criminalists on the optimal order to consolidate and volume of qualifications analyzed acts in the criminal code. Subject to the provisions of the General part of the criminal code, as well as developed in the court practice concerning cruel treatment of animals were investigated objective and subjective characteristics of the various forms of complicity in committing this crime. The study revealed a significant discrepancy dispositions and sanctions of part 2 of the criminal code art. 245 provisions art. 35, 36 of the criminal code of the Russian Federation: in practice due qualification of the offence committed in complicity, complicates the individualization of punishment. It is connected with the identity of a sanction for the Commission of cruel treatment of animals by a group of persons upon a preliminary collusion, and an organized group. This fact is seen applied problem, lying in the plane of legal technique, and which legislative defect, as the norms of the General part of the criminal code, the law enforcement practice and doctrine come from the objectivity of the differences in the degree of social danger of different types of ownership. This leads to a corresponding need for differentiation in the court of types and sizes of penalties imposed for committing the act, for each particular form of complicity. Thus, the study's conclusion that the part 2 art. 245 of the criminal code allows you to give proper criminal-legal assessment of the actions of persons engaged in the abuse of animals, according to the criterion of forms and public danger of complicity, but not to provide adequate individualization of punishment. In this regard, it seems necessary to introduce amendments into the criminal code art. 245 to separate forms of complicity in which it is offered to allocate the Commission of cruelty to animals organized group in a separate part of the criminal code art. 245 with enforcement of appropriate sanctions.