CRIMINAL AND LEGAL CHARACTERISTICS OF DISORGANIZATION ACTIVITY OF DETENTION FACILITIES
The article is devoted to the legal analysis of the corpus delicti against the order of administration - the disorganization of the activities of an institution that ensures isolation from society. The object of criminal encroachment is analyzed, points of view on this issue are considered, the need to maintain the location of the provision of Article 321 of the Criminal Code of the Russian Federation in Chapter 32 of the Criminal Code of the Russian Federation is indicated. Investigating the category of the victim, the author comes to the conclusion that it is necessary to adjust the norm depending on the object of the crime, namely, it is proposed to expand the circle of the victim with the category «employee of places of deprivation of liberty», thus including the personnel of the correctional institution who do not have a special rank among the victims. It is also proposed to exclude the category «close» from the norm of Article 321 of the Criminal Code of the Russian Federation due to the presence of a contradiction with the title and content of the article. The implementation of this proposal will eliminate problems in the qualification of a criminal attack on an employee of a penitentiary institution committed outside this institution, as well as attacks on persons close to the employee. Considering the issue of the nature of the violence used against the victim, a qualification rule is proposed, according to which harm to health, qualified as moderate and light, should be covered by the disposition of Part 3 of Art. 321 of the Criminal Code of the Russian Federation, serious harm to health caused during disorganization actions must be additionally qualified under Art. 111 of the Criminal Code of the Russian Federation.