Doctrine of liability for theft in the works of Professor G.N. Borzenkov

Abstract

The article shows the contribution of Professor of the Department of Criminal Law and Criminology of the Law Faculty of Moscow State University named after M.V. Lomonosov Gennady Nikolaevich Borzenkov to the doctrine of liability for theft. The importance of his judgments on the signs of theft for criminal law science and law enforcement practice, including the positions of the Supreme and Constitutional Courts, is emphasized. In particular, in the development and refraction to modern problems of law enforcement, his point of view is considered regarding such objective features of the named crime as seizure and (or) conversion of someone else's property in favor of the guilty party or other persons, causing damage to the owner or other holder of this property, illegality, gratuitousness, and subjective features — direct intent and selfish purpose. The importance of his views on the solution of some private, but highly relevant problems of qualification of fraud is noted. All this made it possible to substantiate the conclusion that the contribution of Professor G.N. Borzenkov to the development of the doctrine of responsibility for crimes against property and, in particular, theft is very significant, and his deep and thoroughly reasoned judgments are comparable with the provisions of the works of the largest researchers of this problem.

References

1. Arkhipov, A.V. (2023). Find or Theft: Commentary on the Position of the Constitutional Court. Criminal Law, 7, pp. 3–8 (in Russ.).
2. Arkhipov, A.V. (2016). Selfish Purpose as a Sign of Theft. Criminal Law, 1, pp. 4–8 (in Russ.).
3. Bezverkhov, A.G. (2008). Some Issues of Qualification of Fraud. Criminal Law, 2, pp. 4–9 (in Russ.).
4. Boytsov, A.I. (2002). Crimes against Property. St. Petersburg (in Russ.).
5. Borzenkov, G.N. (1971). Liability for Fraud. Moscow (in Russ.).
6. Borzenkov, G.N. (1995). New Developments in Criminal Legislation on Crimes against Property. Legality, 2, pp. 7–16 (in Russ.).
7. Borzenkov, G.N. (1997). Crimes against property in the new Criminal Code of the Russian Federation. Legal World, 6, pp. 32 (in Russ.).
8. Borzenkov, G.N. (2008). Distinction between Fraud and Abuse of Trust. Criminal Law, 5, pp. 1–8 (in Russ.).
9. Borzenkov, G.N. (2010). Signs of Theft as Part of Extortion. Legality, 4, pp. 19–24 (in Russ.).
10. Esakov, G. (2018). Selfish Purpose in Theft and the New Resolution of the Plenum on Judicial Practice in Fraud Cases. Criminal Law, 1, pp. 47–52 (in Russ.).
11. Radchenko, I and Mikhlin, A.S. (Eds.). (2000). Commentary on the Criminal Code of the Russian Federation. Moscow (in Russ.).
12. Yani, P. (1996). Criminal-Legal Significance of Commercial Risk. Russian Justice, 8, pp. 37–38 (in Russ.).
13. Yani, P.S. (2015). Qualification of "Self-Reward" of an Intermediary in Bribery. Legality, 1, pp. 20–25 (in Russ.).
14. Yani, P.S. (2019). Self-Interest as a Sign of Theft. Legality, 2, pp. 23–27; 3, pp. 21–25.