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Article`s title

Problematic Issues of Combating Illegal Mining in Russia through the Implementation of the Criminal Law Theory on the Subject of Secret Theft of Someone Else's Property

Authors

M. Zheludkov 1

Volume

2 (2023)

Keywords

subject of theft, mining, digital law, theft, other property, thing, electricity.

Abstract

The purpose of the paper is to study the state of development of the fight against illegal mining in Russia and the prevailing theory of the totality of elements and the selection standard in identifying the subject of secret theft of someone else's property. The subject is the norms governing digital law, mining and the general structure of the subject of the crime in the commission of illegal consumption of electrical energy. In the theory of criminal law science, a general standard of the subject of the crime in the form of theft of someone else's property is adopted; it highlights the position that electricity belongs to the types of other property and cannot be recognized as the subject of theft without having the sign of a thing. Taking into account this theory, modern and historical trends in the fight against mercenary crime and specific possibilities for implementing the elements of the concept of the subject of theft are studied, taking into account the interpretation of such categories as digital and property rights, mining in the form of human activity in the information space, electricity as other property in the subject of theft. It has been established that at the current stage of development of society, the fight against illegal consumption of electricity does not meet all the requirements of the new digital economy, where the concept of the subject of theft is not extended to all types of energy, and the misappropriation of electricity is still qualified for property damage through deceit or breach of trust.

How to Cite this article

Желудков М. А. Проблемные вопросы борьбы с незаконным майнингом в России с учетом реализации уголовно-правовой теории о предмете тайного хищения чужого имущества // Право: история и современность. 2023. Т. 7, № 2. С. 201 – 211. doi: 10.17277/pravo.2023.02.pp.201-211

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DOI:

https://doi.org/10.17277/pravo.2023.02.pp.201-211

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201-211

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