RELATIONSHIP BETWEEN A PENAL INSTITUTE OF MULTIPLICITY AND MULTIPLICITY OF OTHER BRANCH AFFILIATION

Агаев И.Б.
Взаимосвязь уголовно-правового института множественности с множественностью иной отраслевой принадлежности.
Law journal «Пробелы в Российском законодательстве».
Moscow, 2010, No.1, pp. 135—141. 1 quire.

In the paper features of communications of crime multiplicity with multiplicity of other branch affiliation are revealed. It is reasoned that solution of any difficult questions of improving a penal institute of multiplicity can be successful only in case of accounting all of its intra-branch and inter-sectoral communications. Thereafter, it is noted that differentiation of responsibility shall be based not only on objective properties of the act, but also on degree of stability of a behavior, which negatively characterizes personality. The presence of such higher social danger of the personality is associated with increase of the sanction. It is proved by such a constructive sign of corpus delicti as repetition of non-criminal acts. According to the author, the last changes in the Criminal Code and the Code of Administrative Offences of the Russian Federation show that the legislator gradually comes back to the institute of repetition rejected earlier.