Article 142 of the Criminal Code. Falsification of election documents, referendum documents

Mandatory, free, periodic elections and referendum of the population have become constitutional elements of the modern political system in Russia. Their introduction into the system and subsequent implementation required the improvement of legal guarantees.

Legal protection of rights

It is provided by the Criminal Code. It provides special rules:

1. Falsification of voting results (Article 142.1).
2. Creating obstacles to the realization of the electoral rights of citizens or the work of commissions (Article 141).
3. Violation of the order in accordance with which the election campaign of a candidate, association, bloc, initiative group and other participants is financed (Article 141.1).
4. Falsification of election documents, referendum documents .

It must be said that the legislation is constantly undergoing changes. In this regard, new subjective and objective features are periodically introduced into the elements of the above crimes. This suggests that the development of criminal regulations in the field of electoral law is determined not only by the needs of investigative and judicial practice. Of particular influence is the updating of legislation, the provisions of which govern election procedures.

Art. 142 of the Criminal Code of the Russian Federation "Falsification of Electoral Documents"

This norm covers various acts. All of them are expressed in an encroachment on civil law to participate in elections. Criminal liability occurs if:

1. The voting ballot is intentionally corrupted in order to create obstacles to the determination of the will.
2. Incorrect information about the participants in the event.
3. An incorrect list of citizens wishing to express their will has been compiled. This is, in particular, the inclusion of fictitious people on the list of persons who do not have suffrage.
4. Unaccounted forms are included in the number of used forms.
5. The valid ballot paper with citizens' marks has been replaced by another, otherwise filled out.
6. The registered and used forms are deliberately destroyed.
7. The votes are deliberately incorrectly counted.
8. Protocols were signed by members of the commission before the start of the debriefing.
9. Obviously incorrect in relation to the results of the event, documents were drawn up.
10. Changes to the completed protocols were illegally made after the announcement of the debriefing.
11. Obviously incorrectly defined results of the event.
    

The crime also includes falsification of signatures of voters or members of the commission.

Punishment

For the above acts, article 142 of the Criminal Code of the Russian Federation establishes the following sanctions:

1. A fine of 200-500 thousand rubles. or equal to salary or other income for 1-3 years.
2. Forced work.
3. Imprisonment.

The last two sentences are imposed for a period of up to 4 years.

Comments

Article 142 of the Criminal Code of the Russian Federation covers a crime, the public danger of which is an encroachment on the civil right of the population to express their will. The direct object of unlawful behavior is relations within the framework of which this opportunity is realized. Perpetrators violate the secrecy of the vote, create obstacles to establish the voting results in accordance with the will expressed by citizens.

Objective part

The subject of the crime are election documents. These include lists of citizens participating in the event, certificates of the right to express will, forms to fill out, and so on. Article 142 of the Criminal Code of the Russian Federation establishes sanctions for active actions of those responsible. The corpus delicti is considered formal in its construction. An act shall be deemed completed from the moment of the implementation of any action given in the disposition of the norm. Falsification is considered to include deliberately false information in the documentation or a complete alteration of papers and the production of new forms with already entered data that do not correspond to reality. Such actions can significantly distort the actual results of events.

Subjective part

Article 142 of the Criminal Code is subject to direct intent. The perpetrator must be aware of the illegality of his actions and desire to commit them. At the same time, the citizen understands the probability of the onset of negative consequences and their social danger. The subject is a special person. They may be a member of the commission, an authorized representative of the bloc or association, group of voters, the candidate or his proxy.

Aggravating circumstances

Responsibility for the commented norm also occurs in the case of falsification of election documents or referendum papers committed:

1. In complicity.
2. In conjunction with bribery.
3. With the destruction of property or with the threat of damage.
4. With coercion.
5. Using violence or threatening to use it.

A crime can also entail a substantial violation of the interests and rights of organizations, citizens, society or the state. This fact is also recognized as aggravating. In this case, the composition acquires a formal material design. Additional qualifying features are the transportation and storage of illegally produced forms, voting ballots , absentee ballots.

Important point

In order to be held accountable under the norm in question, it is necessary to prove the causal link between falsification and causing substantial harm to the interests and rights of organizations, the state, citizens, and society. The very concept of “significant damage” in this case is conditional and is considered an evaluation criterion. To establish materiality, it is necessary to examine subjective and objective factors and circumstances. Careful interpretation also requires such concepts as bribery, violent acts, coercion. The subjects of a crime can be individuals who are sane and have reached 16 years of age, committing an unlawful act alone or in complicity.