The citizen's suffrage is provided for by the 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 infringes on the law in question, and sanctions are determined. This allows us to talk about the regulation of this issue and the prevention of such violations.
What is suffrage? Art. 141 of the Criminal Code
As you know, state and local governments imply an electoral system, that is, say, members of the State Duma or local administration are elected by citizens. The norms of the Constitution of the Russian Federation pay considerable attention to this area, providing each person with this right. So what is it and what is its essence?
Suffrage is the ability to elect and be elected. That is, a citizen can not only determine who will be selected for a particular position in the government, but he himself is able to be a candidate for this role. In addition, 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 it is a vivid manifestation of democracy. State power does not affect decisions in any way; ideally, 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
Obstructing the implementation of suffrage is an act that encroaches on very important and even specific relations in society. All interests and freedoms of citizens are established by the Constitution of the Russian Federation. The provisions of Article 141 of the Criminal Code of the Russian Federation protect these areas. Accordingly, the object of the crime is determined precisely according to the basic law of the state.
So, what does the subject of the crime encroach upon when it impedes the exercise of suffrage? An object is public relations that are formed in the process of realization of all constitutional interests and freedoms. That is, these are the rights enshrined in the basic law and which are the basis of everything in the functioning of society. An additional object is usually not defined in this corpus delicti.
Objective side
An act, the features of which are enshrined in the norms of Article 141 of the Criminal Code of the Russian Federation, has several ways of manifesting in the external environment. Obstruction of the implementation of suffrage includes several actions that will constitute the corpus delicti. Moreover, it is important to note that optional features can play a role only in the case of determining the time.
So, what will be the objective side of the act under Art. 141 of the Criminal Code? This includes not only the creation of obstacles for citizens in matters of suffrage, but also the violation of the secrecy of the vote, the work of the commission and its members, that is, everything related to the implementation of the law in question.
A mandatory sign is the type of crime. 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 begin to perform one of the above actions, and prosecution will not take long.
Subject of crime
An industry such as criminal law establishes general 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, an age that varies depending on the type of crime and its severity. And of course, the subject is always an individual, a legal entity can only be a victim.
So, what is the subject of the crime under the norms of Article 141 of the Criminal Code of the Russian Federation? Comments on it indicate 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 every case.
Part three of the article in question captures a special subject. She says that this act is committed using official or official position. Qualification in this part of the article is possible only if the citizen abusing his special powers intervenes in the work of the election commission.
Subjective side
What is wine? This is the mental and psychological attitude of the subject of the act to what he has committed and to the consequences that came as a result. It determines the subjective side and is an indispensable sign. No guilt - no crime. Also, in some cases, motives and goals, which are optional features, play a role.
Guilt, as you know, has two forms of manifestation: intent and negligence, which, in turn, are divided into subtypes. 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 realizing his suffrage and wants the onset of any negative consequences, knowing that they certainly must be.
Qualifying signs and responsibility. Article 141 of the Criminal Code
Aggravating circumstances that increase the severity of punishment are recorded 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 special organization, further with bribery, deceit or coercion, with threats and violence. All this strengthens the measure of punishment, which establishes article 141 of the Criminal Code. Fraud is also often attributed to this area, but it will already be a slightly different qualification.
With regard to liability under this article, the penalties for this act are very diverse. Depending on the severity, they can vary from fines in rather large amounts to imprisonment. The maximum term for the most severe measure of imprisonment is five years, which refers this crime to the category of moderate severity.