Gilfanov, A. R. On Peculiarities of Proving the Fact of Illegal Crossing the State Border of the Russian Federation

Abstract: The article is devoted to peculiarities of proving facts during pre-trial proceedings in criminal causes of illegal crossing of the State Border of the Russian Federation. The author substantiates a statement that criminal acts provided for in Article 322 of the Criminal Code of the Russian Federation have a specifi c set of circumstances that are typical for commitment of such an act. The author offers his own defi nition of the term ‘particular facts to be proved’. Out of all the main threats to interests and security of the Russian Federation in borderline cases, the author emphasizes activities performed by international terrorist and extremist organizations to move their emissaries and terror facilities as well as to conduct diversions and to encourage trans-border criminal groups. Legal regulations set forth by the federal legislation and departmental legal acts applicable to activity performed by border authorities of the Federal Security Service of Russia do not regulate particular peculiarities of law-enforcement activity fully. In pre-trial proceedings in criminal cases of illegal crossing of the State Border of the Russian Federation particular facts to be proved can be defi ned as a set of circumstances established by criminal law and specifi ed by criminal procedure law, typical for illegal crossing of state border and subject to determination in the process of pre-trial investigation in order for the fi nal procedural decision to be made.

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