Екатерина Чернявская
С такой инициативой1 выступили депутаты Народного Собрания Республики Ингушетия. Разработчики законопроекта предлагают установить уголовную ответственность за похищение человека с целью вступления в брак в виде принудительных работ на срок до трех лет либо лишения свободы на такой же срок. Для этого планируется дополнить Уголовный кодекс новой ст. 126.1. Предлагаемые нововведения депутаты объясняют тем, что хотя похищение с целью вступления в брак и подпадает под санкцию ст. 126 УК РФ, предусматривающей наказание за похищение человека, но вместе с тем такое деяние как правило остается без наказания в силу того, что похититель добровольно освобождает похищенного.
В результате правоохранительные органы не могут привлечь похитителей к уголовной ответственности. Потерпевшая же сторона, подчеркивают депутаты, не найдя защиты у государства, часто пытается своими силами возместить ущерб от нанесенного оскорбления, а именно так нередко расценивается похищение женщины местными обычаями. Это в последующем создает реальную угрозу внесудебного разрешения конфликта, в результате чего могут пострадать невиновные родственники похитителя или похищенной. Отмечается, что складывающаяся ситуация умаляет авторитет государственных органов, которые в данном случае вынуждены самоустраняться от участия в разрешении конфликтной ситуации.
Если законодательство иностранного государства допускает вступление в полигамный брак, будет ли он считаться действительным в России? Узнайте ответ в «Домашней правовой энциклопедии» интернет-версии системы ГАРАНТ. Получите бесплатный доступ на 3 дня! Получить доступ
Напомним, что в настоящий момент за похищение человека предусмотрено наказание в виде принудительных работ на срок до пяти лет либо лишения свободы на этот же срок. В случае же, если состав этого преступления содержит квалифицирующие признаки, такие, как применение насилия, опасного для жизни или здоровья, либо угроза применения такого насилия, применение оружия или предметов, используемых в качестве оружия, наличие корыстных побуждений, то наказание может быть более суровым – лишение свободы на срок от 5 до 12 лет с возможным ограничением свободы на срок до двух лет. А в случае, если похищение совершается организованной группой или повлекло по неосторожности смерть потерпевшего или иные тяжкие последствия, то лицо, его совершившее, может быть лишено свободы на срок от 6 до 15 лет с возможным ограничением свободы на срок до двух лет. При этом лицо, добровольно отпустившее похищенного, не подлежит уголовной ответственности, если в его действиях не содержится иного состава преступления (ст. 126 УК РФ).
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