Criminal liability for smuggling (Art. 188 RF Criminal Code)

Abstract

Rusanov Georgiy - Senior Lecturer, department of Criminal Law Disciplines, West Siberian Campus of Russian Academy of justice, PhD (law). E-mail: georgiyr@mail.ru
Address: Plshchad Lenina, 2, 634050, Tomsk, Russian Federation

The aim of the paper is to study topical problems relating to criminal l liability for smuggling under the RF criminal legislation. The article reveals objective and subjective signs of smuggling, analyzes the issues relating to classifying smuggling, and applying in practice norms of article 188 and other Criminal Code articles.  The study relies on the laws, federal laws, decrees of the plenum of the RF Supreme Court of the 2000s. The paper compares specific features of the approach described in academic books and manuals. The article also reveals negative consequences of the replacement of the RF Customs Code with the Customs code of the Custom Union  of Russia, Belarus and Kazakhstan, which has posed a problem of unifying and legal regulation of liability for smuggling. The author has studied the question as to the time limit for a voluntary reunification of a crime is possible under art. 188. Another point discussed here is the liability of people having committed smuggling and officials employed in the customs agencies, other state bodies, state corporations, military men. It is stressed that the code provides for a liability for committing smuggling abusing   corporate opportunities  and applying violation against the person implementing customs control. Having examined some aspects, the author expresses disagreement with the decrees of the RF Supreme Court. In particular, he suggests taking into account the fact that the time when smuggling has been completed should be determined exclusively by the actions of the subject of the crime but not of natural or legal persons as it is now.