ON SOME ISSUES OF DISTINGUISHING BETWEEN VIOLENT ROBBERY ANDROBBERY

Abstract

The article analyzes the problem of differentiation of such structures of violent encroachments on property, similar in legislative structure, as violent robbery and robbery. The author finds the justification for the need to study the presented problem in the contradictory positions of the courts in the qualification of the actions of the perpetrators of these criminal encroachments. The courts present the same arguments contained in the recommendations of the ruling of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 "On judicial practice in cases of embezzlement". Contradictions in the assessment by the courts of violent actions when seizing someone else's property are seen in the imperfection of the legislative technique of the studied violent encroachments on property, as well as in the fact that when describing them, violence can be divided according to the degree of its danger. The author in the article cites ambiguity in the courts' understanding of these recommendations of the supreme judicial body and draws conclusions on the presented judicial practice, offers recommendations aimed at a uniform understanding and application of the law.