QUALIFICATION OF THE USE OF SLAVE LABOR DEPENDING ON THE COMPLETION OF THE ACT
Introduction: the article discusses the rules of qualification of the use of slave labor, taking into account the recognition of this crime completed/unfinished. The circumstances under which the use of slave labor can be recognized as a finished act are disclosed. Measures are proposed for further differentiation of criminal liability for the use of slave labor, taking into account the time of the crime. Materials and methods: the normative basis of the study is formed by public international law and criminal legislation of the Russian Federation. The methodological basis of the study was the modern General scientific methods of cognition of social phenomena and processes (dialectical, inductive, deductive, formal-legal, comparative-legal). The empirical basis of the study was statistical data on the number of crimes registered under article 1272 (use of slave labor) of the criminal code, materials of judicial practice of the Supreme Court of the Russian Federation and courts of General jurisdiction. Results of the study: allow us to formulate the rules under which the use of slave labor can be qualified as a finished crime. The article analyzes the issues of qualification of the considered act as a continuing or continuing crime. The assessment of servitude as a legal state, which is a constitutive element of the crime, is given. The proposals on improvement of the considered criminal law norm taking into account duration of criminal encroachment are formulated. Arguments are based on examples from judicial practice, recommendations of representatives of legal science and can be used in the process of studying criminal law and criminology and in law enforcement activity. Findings and conclusions: on the basis of the analysis of normative legal acts and judicial and investigative practice, the conclusion is made about the significance of the length of time of the use of slave labor for the qualification of the offense. The time criterion determines the assessment of the criminal offense not only from the standpoint of the completed / unfinished crime, but also in assessing the act as criminal.