ISSUES OF QUALIFICATION OF UNLAWFUL DETENTION

The article presents the results of a study of the problems of qualification of crimes related to illegal detention, illegal detention and detention. The objective and subjective signs of a crime under Article 301 of the Criminal Code of the Russian Federation, which are important for qualification, are considered. Special attention is paid to the analysis of the form of expression of a socially dangerous act, the establishment of intent to commit this crime, as well as the circle of persons acting as the subject. The content of the sign "illegal" in relation to each type of act is investigated. The issues of determining the moment of the end of a crime are considered both in the case of expressing an act in the form of active action and inaction. The conclusions drawn by the author are illustrated by examples from judicial practice.