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ISSN 2500-0802
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ON SOME ASPECTS OF THE CONSTITUTIONAL PRINCIPLE OF EQUALITY BEFORE THE LAW AND THE COURT IN THE CONTEXT OF THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION

Skrobov A.A. 1 Petrova O.Y. 1
1 Academy of Labour and Social relations
Item «O» of Part 1 of the RF Criminal Code Article 63 is considered in reference with its conformity with the fixed by the Russian Constitution Article 19 constitutional principle of Equality before the law and the court. In the course of analysis of some individual regulations of the Russian legislation and the Supreme Court decisions, legal status specificity of agents of internal affairs is admitted, and also a resemblance of internal affairs agents legal status with that of other law enforcement bodies agents. Accordingly a conclusion is made about the necessity of changes in the current criminal legislation as regards the statement of Item «O» of Part 1 of the RF Criminal Code Article 63, i.e. «commitment of intentional crime by an internal affairs agent» into «commitment of intentional crime by a judge or a law enforcement body agent». Yet within the current legal system of Russia there occurs an absence of the single universal definition of «law enforcement bodies» and of the uniform approach to the category «law enforcement bodies agents», the said absence demanding urgent elimination by admitting appropriate «On law enforcement duty» Federal Law.