On the list of crimes referred to as ‘customs’ crimes

Abstract

The purpose of this study is to determine which list of crimes should be classified as a customs crimes. During researching various views on this issue, it was found out that scientists take into account different criteria when determining the list of criminal acts: violation of customs legislation, the possibility of detecting crimes by customs officials, criminal procedural competence and the object of criminal encroachment. Their analysis has discovered that the latter of the above criteria is the most accurate. Besides, the author of the article noted an additional feature of the identification of a group of customs crimes, which consists in the independence of the direction of encroachment on the sphere of customs relations on the method, place, and environment of the commission of the crime, which is especially relevant for crimes responsibility for the commission of which is provided for in Articles 189, 193, 193¹ of the Criminal Code of the Russian Federation. Based on the above, the author concludes that the category of customs crimes includes the crimes, the responsibility for which is stipulated by articles 190, 194, 200¹, 226¹, 229¹ of the Criminal Law.