THE ISSUES OF QUALIFICATION OF VEHICLES (AUTOS) THEFTS BY USING VIOLENT ACTIONS
In the given article on the basis of the detailed analysis of the modern law enforcement practice related to crimes provided by Article 166 of the Criminal Code of the Russian Federation the authors deal with the complex issues of qualification of vehicles (autos) thefts by using violent actions and offer their own variants to solve them. The authors specify some objective and subjective features of qualified and specially qualified types of illegal possession of an auto or other means of transport without the aim of theft. Taking into account this fact, the authors come to a conclusion related to the content of such qualifying features of auto theft as its commission «with the use of violence that is not dangerous for life or health or with the threat to use such violence» (clause «v» Part 2, Article 166 of the Criminal Code of the Russian Federation) and «with the use of violence that is dangerous for life or health or the threat to use such violence» (Part 4, Article 166 of the Criminal Code of the Russian Federation). The article deals with the review of separate interpretations contained in the Resolution of Plenum of the Supreme Court of the Russian Federation (dated December 9-th, 2008, № 25) «On Judicial Practice on crimes related to the traffic rules violations and the exploitation of vehicles (autos) as well as their illegal possession without the aim of theft» taking into account the generalization of the judicial practice on cases of vehicles (autos) thefts, in which the time of crime commission(its end) is specified.