The elective right of a citizen is envisagedThe Constitution of the Russian Federation, and, like any other interest, it is protected not only by the basic law of the state, but also by codified acts. The norms of Article 141 of the Criminal Code of the Russian Federation establish the composition of an act that encroaches upon the law in question and defines sanctions. This allows us to talk about the regulation of this issue and the prevention of such violations.
What is the franchise? Art. 141 of the Criminal Code
As is known, state bodies and bodieslocal government implies a system of electivity, that is, say, members of the State Duma or local administration are elected by citizens. Norms of the Constitution of the Russian Federation give considerable attention to this direction, providing each person with this right. So what is it and what is its essence?
The right to vote is the opportunity to elect andto be elected. That is, a citizen can not only determine who will be elected to this or that post in the government, but he himself is able to be a candidate for this role. In addition, the suffrage also implies participation in a referendum, that is, the adoption of decisions that are carried out exclusively by the people.
The essence of such an institution is that itis a vivid manifestation of democracy. The state power does not influence decisions, in an ideal variant everything depends on citizens. That is why Article 141 of the Criminal Code of the Russian Federation implies responsibility for those cases when this right is violated when a person is prevented from exercising the right to elect and be elected.
Corpus delicti. An object
Obstacles to implementationelectoral law is an act that encroaches on very important and even specific relations in society. All interests and freedoms of citizens are established by the Constitutions of the Russian Federation. The norms of Article 141 of the Criminal Code protect these directions. Accordingly, the object of the crime is determined precisely according to the basic law of the state.
So, what does the subject of crime encroach upon, wheninterferes with the implementation of the right to vote? An object is a social relationship that is formed in the process of realizing all constitutional interests and freedoms. That is, these rights are fixed by the basic law and are the basis of everything in the functioning of the society. An additional object is usually not defined in this composition of the crime.
The objective side
The action, the peculiarities of which are fixed by normsArticle 141 of the Criminal Code of the Russian Federation, has several ways of manifestation in the external environment. The obstruction of the implementation of the electoral law includes several actions that will constitute the composition of this crime. And it is important to note that facultative signs can play a role only in the case of time determination.
So, what will be the objective sidean act provided for in Art. 141 of the Criminal Code? This includes not only the creation of obstacles to citizens in matters of electoral law, but also violation of the secrecy of the vote, the work of the commission and its members, that is all that is related to the implementation of the right under consideration.
A mandatory characteristic is the type of compositioncrime. In this case, it is defined as formal, that is, the onset of negative consequences and their connection with the act itself does not matter, it is enough to start one of the actions listed above, and bringing to criminal responsibility will not take long.
Subject of crime
An industry such as criminal law establishesgeneral criteria for determining the subject of a socially dangerous act. These include sanity, which is defined as the ability to fully understand the actions and, of course, manage them, the age, which varies depending on the type of crime and its severity. And of course, the subject is always an individual, the legal can only be a victim.
So what is the subject of the crime?stipulated by the rules of Article 141 of the Criminal Code? Comments to her suggest that the act, which implies a violation of constitutional law, has common criteria. A subject is an individual who has already reached the age of sixteen years. Sanity is a mandatory condition and applies to each case.
Part three of the article in question is fixed inimagine a special subject. She says that the act is committed using official or official position. Qualification for this part of the article is possible only if the interference with the work of the election commission is performed by a citizen who abuses his or her special powers.
The subjective side
What is wine?This is the mental and psychological attitude of the subject of the act to what he has done and to the consequences that have come as a result. It defines the subjective side and is a mandatory feature. No guilt - no crime. Also, in some cases, motives and goals that act as optional signs play a role.
Wines are known to have two forms of manifestation:intent and negligence, which, in turn, are divided into subspecies. In the case of Article 141 of the Criminal Code of the Russian Federation, the subject always carries out actions with direct intent. That is, he realizes that he is preventing another person from exercising his right to vote and wants the onset of any negative consequences, knowing that they must be.
Qualifying attributes and responsibility. Article 141 of the Criminal Code
Aggravating circumstances that increase severitypunishments are fixed in Part Two and are defined as the commission of an act by a group of persons in the form of a preliminary conspiracy or a special organization, further with bribery, deceit or coercion, with threats and violence. All this reinforces the penalty imposed by article 141 of the Criminal Code of the Russian Federation. Fraud is also often attributed to this area, but it will already be a little different qualification.
As for the liability under this article,The penalties for this act are very diverse. Depending on the severity, they can range from fines in fairly large amounts to imprisonment. The maximum term, according to the most stringent measure in the form of a conclusion, is five years, which refers this crime to the category of moderate severity.
