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Art. 275 of the Criminal Code with comments

The sovereignty of Russia, the inviolability and integrity of the country's territory are proclaimed in the Constitution. State authorities, within their powers, ensure the protection of independence, defense and state security. The freedom of speech and thought guaranteed by Article 29 of the Constitution, the right of everyone to receive, search, transmit, disseminate information may be realized by any legal means. Moreover, they may be limited by federal legislation to the extent that it is necessary to ensure the defense capability and security of the state. These provisions determine the grounds Art. 275 of the Criminal Code of the Russian Federation "High treason". Consider this norm in detail. Article 275 UK

Corpus delicti

Art. 275 of the Criminal Code fixes one punishment for acts encroaching on the security of the country. This is due to their high public danger. One reason to hold accountable is espionage. Art. 275 of the Criminal Code it also provides for punishment for issuing to a foreign entity, an international or foreign organization (their representatives) information related to state secrets, which was entrusted to the perpetrator or became known to him from work, service, study and in other cases stipulated by law, or providing them with material and technical , financial, consulting and other assistance in activities aimed at undermining Russia's security. For these acts, liability is established in the form of imprisonment for 12-20 years. Additionally, according to Art. 275 of the Criminal Code, the perpetrator may be charged:

  1. A fine of up to half a million or amounting to an income of 3 g.
  2. Restriction of freedom for 2 years.

Note

The subject who committed the acts established Art. 275, 276 of the Criminal Code, as well as 278 articles of the Code, may be exempted from liability. To do this, a person must promptly and voluntarily inform the authorities or in any other way to prevent the further damage to the country's security. Moreover, his actions should not contain signs of other unlawful acts.

Art. 275 CC: comment

The increased risk of encroachment is determined primarily by the specific subjective composition. A citizen of the Russian Federation participates in the crime together with an international / foreign organization or a representative of another country who, by all means, seek to damage the security of Russia. Countering such attacks is very difficult, as it requires a large amount of resources. The danger level is to a large extent influenced by the inability to apply national legislation to a foreign citizen, his relatives endowed with diplomatic immunity. Act foreseen Art. 275 of the Criminal Code, according to Article 15 of the Code, it is considered particularly severe. st 275 uk rf

An object

It is public relations that are formed in the course of activities aimed at ensuring the country's security aimed at protecting the constitutional system, territorial integrity and sovereignty of Russia. The latter represents independence, supremacy, independence, completeness of the executive, representative, judicial branches of government within the borders of the state, autonomy in international communication. Sovereignty is an obligatory qualitative attribute of Russia as a state. It characterizes the constitutional status of the country. Territorial integrity - certain conditions under which sovereignty is possible.In accordance with them, the country guarantees the invariable status of borders, assumes obligations to protect them from internal and external threats that may violate the unity of the state. A key factor in the country's security is defense capability. It assumes the availability of the necessary mechanisms and means to reflect the real danger and prevent potential threats. high treason st 275 uk rf

Subject

Responsible for Art. 275 of the Criminal Code a citizen of Russia who has reached 16 liters may be involved. Only the carrier of relevant information can act as the subject of the issuance of state secrets. By Art. 275 of the Criminal Code, is a citizen to whom the information was entrusted or became known in connection with his studies, work, service or in other cases. This person is responsible for maintaining the confidentiality of information. Subject of assault according to Art. 275 of the Criminal Code, it is also considered a person who provides material, technical, financial, consulting or other assistance to interested representatives of other countries or international (foreign) organizations engaged in activities against the security of Russia. st 275 UK comment

Nuance

Foreigners and stateless entities may not be held liable under Art. 275 of the Criminal Code as performers. Moreover, imputation of punishment by him is possible if signs of any type of complicity are revealed in their actions (Article 33 of the Code). In Art. 275 of the Criminal Code provides for liability for espionage committed by a citizen of the Russian Federation. If a foreigner or a stateless person is guilty of this act, the punishment is imposed according to another norm. It is art. 276 of the Code.

Objective side

The corpus delicti has a formal design that does not imply the occurrence of any dangerous consequences. An act may be committed in any way established by the rule in question. This may be espionage, the issuance of state secrets or assistance in activities that undermine Russia's security. The previous Code provided for 7 ways of committing an assault. Among them were:

  1. Transition to the side of the enemy.
  2. Refusal to return from abroad or flight abroad.
  3. Conspiracy aimed at seizing power.

The inclusion of these forms in the crime is currently considered unconstitutional by decision of the Constitutional Court. Article 275 276 UK

Financial help

It should be understood as the provision of cash, precious metals, securities, and other liquid items of the material world. In addition, financial assistance includes the alienation (sale, gift) of intangible assets, the unlawful provision of benefits in tax, credit and other structures. It may also involve other actions aimed at strengthening the property status of another country, a foreign / international organization, their representatives, seeking to violate the security of Russia. espionage st 275 uk rf

Logistical assistance

It involves the satisfaction of the needs of another country, foreign / international organization, other persons in relevant resources. Such assistance may consist in planning, providing parts, materials, vehicles, products, construction, road cars, diagrams, tools, drawings. Assistance can be provided through other actions encroaching on Russia's security.

Thing

It acts as any information transmitted to foreign representatives, and which they can use to harm Russia. To ensure security, the state refers certain information to state secrets. In this regard, part 4 of article 29 of the Constitution provides that the list of such data is established by federal law. The state may determine ways, means of secrecy protection. The measures include criminal liability for disclosure and provision to another country.By virtue of the constitutional norm, punishment for such actions only occurs if the list of data constituting state secrets is enshrined in law. The corresponding normative act should be published for general familiarization in an official source. corpus delicti

Additionally

High treason is considered to be a completed act at the time of providing the entities referred to in paragraph 1 275 of the Criminal Code with information relating to state secrets, or collecting, storing, stealing the same information for subsequent transmission, including on behalf of these persons. In this case, it is necessary to take into account the nuance. Collecting information without the task of an international (foreign) intelligence service will not constitute a crime. Such actions by Russian citizens are regarded as preparing for an assault in the form of assisting the entities indicated in the first part of the rule in question. Common to all possible methods of committing a crime is the addressee who carries out actions hostile to Russia. A citizen of the Russian Federation is in contact with him, transmitting information or providing this or that help.


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