THE LEGAL INTERPRETATION OF THE OBJECTIVE ELEMENTS OF THE CRIME OF SMUGGLING

Abstract

The objective signs of smuggling are the signs of the object and objective side of the crime, as well as optional elements directly related to these signs. Since the object of a crime is a mandatory element of any crime, legal scholars have expressed different opinions on the object of smuggling, depending on which chapter of the criminal law smuggling is contained in and what is included in its subject. When determining the general object of smuggling, many scholars traditionally adhere to the section of the Special Part of the Criminal Code, which contains the norm under study. This article provides an in-depth analysis of the legal interpretation of the objective aspects of smuggling. In particular, the concept of smuggling, its place in the system of criminal law, and the legal essence of the illegal movement of goods, currency, material assets, objects, or other items across customs borders are revealed. The article, based on Article 246 of the Criminal Code, pays special attention to the analysis of the constituent elements of the crime of smuggling, in particular, the act (or inaction), the time and place of the event, and the instruments and methods of the crime. Also, based on the forms of smuggling, the level of social danger inherent in it, and the threat to economic security, its differences from other types of customs offenses are highlighted. The article contains scientific and practical recommendations aimed at substantiating the need for further improvement of current legislation and developing effective mechanisms for preventing smuggling crimes. Also, at the end of the article, the author’s proposals on the topic are presented.