Article 141 of the Criminal Code: description, comments and rules

The electoral right of a citizen 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 encroaches upon the law in question and defines sanctions. This allows us to talk about the regulation of this issue and the prevention of such violations.

What is a suffrage? Art. 141 of the Criminal Code

As is known, state bodies and local self-government bodies mean a system of electivity, that is, say, members of the State Duma or local administration are elected by citizens. The norms of the Constitution of the Russian Federation give considerable attention to this direction, providing each person with this right. So what is it and what is its essence?

The right to vote is the opportunity to elect and be elected. That is, a citizen can not only determine who will be elected to this or that post in the government, but he himself is able to be a candidate for this role. In addition, the 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. The state power does not influence decisions, in an ideal variant 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 vote and to be elected.

Corpus delicti. An object

The creation of obstacles in the implementation of the electoral law is an act that encroaches on very important and even specific relations in the society. All the interests and freedoms of citizens are established by the Constitutions of the Russian Federation. The norms of Article 141 of the Criminal Code protect these directions. Accordingly, the object of the crime is determined precisely according to the basic law of the state.

So, what does the subject of crime encroach upon, when it impedes the exercise of the right to vote? The object is social relations, which are formed in the process of realization of all constitutional interests and freedoms. That is, these rights are fixed by the basic law and are the basis of everything in the functioning of the society. An additional object is usually not defined in this composition of the crime.

The objective side

The action, the peculiarities of which are fixed by the norms of Article 141 of the Criminal Code of the Russian Federation, has several ways of manifestation in the external environment. The obstruction of the implementation of the electoral law includes several actions that will constitute the composition of this crime. And it is important to note that facultative signs can play a role only in the case of time determination.

So, what will be the objective side of the act provided for in Art. 141 of the Criminal Code? This includes not only the creation of obstacles to citizens in matters of electoral law, but also the violation of the secrecy of the vote, the work of the commission and its members, that is all that is related to the implementation of the right under consideration.

A mandatory feature 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 start one of the actions listed above, and bringing to criminal responsibility will not take long.

Subject of crime

Such a branch 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, to manage them, the 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 envisaged by the norms of Article 141 of the Criminal Code of the Russian Federation? Comments to her say that an act that involves a violation of constitutional law, the criteria are common. A subject is an individual who has already reached the age of sixteen. Sanity is a mandatory condition and applies to every case.

Part third of the article in question captures a special subject. She says that this act is committed with the use of official or official position. Qualification for this part of the article is possible only if interference with the work of the election commission is carried out by a citizen who abuses his special powers.

The subjective side

What is wine? This mental and psychological attitude of the subject of the act to what he did and to the consequences that came in the end. It is she who determines the subjective side and is an indispensable feature. No guilt - no crime. In some cases, motives and goals, acting as optional features, play a role.

Wine, as is known, has two forms of manifestation: intent and negligence, which, in turn, are divided into subspecies. In the case of Article 141 of the Criminal Code, the subject always acts with direct intent. That is, he realizes that he prevents another person from exercising his right to vote and wants any negative consequences, knowing that they must necessarily be.

Qualifying signs and responsibility. Article 141 of the Criminal Code

Aggravating circumstances that increase the severity of punishment are fixed in part two and are defined as the commission of an act by a group of persons in the form of a preliminary collusion or special organization, then with bribery, deception or coercion, with threats and violence. All this reinforces the penalty imposed by Article 141 of the Criminal Code of the Russian Federation. Fraud is also often attributed to this area, but it will already be a slightly different qualification.

As for the responsibility for this article, the punishment for this act is very diverse. Depending on the severity, they can vary from fines in fairly large amounts to imprisonment. The maximum term by the strictest measure in the form of imprisonment is five years, which refers this crime to the category of moderate severity.