Qualiﬁed forms of impeding the implementation of electoral rights or work of the election commission
Mission: the article is devoted to the analysis of qualifying signs of the oﬀense provided for in Part 2 of Art. 141 of the Criminal Code of the Russian Federation, which are considered debatable. The essence of the impediment to the free exercise by citizens of their electoral rights and the right to participate in a referendum, violation of the secrecy of voting, as well as obstruction of the work of election commissions, referendum commissions or the activities of members of these commissions related to the performance of their duties are considered. A new interpretation of the criminal law norm is given, controversial issues of the contents of the crime are analyzed, etc. An author’s opinion is expressed regarding the possibility of recognizing the obstruction of the publication of inaccurate information on the results of a public opinion poll. Methodology: analysis, synthesis, deduction, formal-legal method, dialectical, system method, methods of intersectoral legal research. Conclusions. As a result of the conducted research, the author comes to the conclusion that the current part 2 of Article 141 of the Criminal Code of the Russian Federation - obstruction of the exercise of electoral rights or the work of the election commission requires a signiﬁcant change and addition. Scientiﬁc and practical signiﬁcance. The author examines in detail the shortcomings in the current composition of the criminal act, as obstruction of the exercise of electoral rights or the work of the election commission. Details of doctrinal problems and legislative omissions in the relevant composition are indicated, and possible ways of their elimination and proper interpretation of qualifying features are indicated. From a practical point of view, the elimination of these shortcomings should serve to facilitate the proper application of the relevant rule of criminal law.