THE CONCEPT OF EXTORTION AND ITS CRIMINAL-LEGAL FEATURES

Аннотация

The article presents some reflections on the concept, signs, elements of the criminal composition of this crime, including the object and objective side of extortion by the author of someone else's property by extortion. The author also notes that one of the main functions of criminal law is to ensure the inviolability of property rights. It can be said that most crimes will be aimed at generating income, easy acquisition of property or property rights. Such crimes mainly include crimes in the economic sphere, among which the most common are crimes related to theft and fraud. However, among these types of crimes, the crime of extortion differs from both of the most frequently mentioned crimes by the fact that it causes the victim not only material, but also significant moral damage. He also does not inform law enforcement agencies that the victim is threatened with violence against himself or his loved ones, damage to property or destruction of property, or disclosure of information that should be kept secret for the victim during the commission of the crime. This increases the latency of these types of crimes and encourages the person who committed the crime to commit another crime in the future. The author also developed a proposal on the need to clarify the concept of "close person" in the norm providing for criminal liability for extortion.