Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (12)

Authors

Rychkova, Natalia Yu.

Contact information

Rychkova, Natalia Yu.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;

Keywords

appropriation of the authorship; plagiarism; aggravating element of the appropriation of the authorship (plagiarism); plagiarism; concerned two or more people; appropriation of the authorship in relation to two or more people; appropriation of the authorship (plagiarism); causing extra large damage

Abstract

The author proves that it is not reasonable to introduce plagiarism concerning two or more people or plagiarism causing an extra large damage as an aggravating element of the crime in the contents of art. 146 of the RF Criminal Code. An introduction of the aggravating element – the appropriation of the authorship in relation to two or more people in art. 146 of the RF Criminal Code– doesn’t always show the number of broken rights and degree of their diminishing, and consequently it can’t serve as a true criterion of the higher social danger degree. The social danger degree of the appropriation of the authorship is connected with the number of broken rights, the ways and/or degree of their violation, and not with the number of victims. The introduction of the aggravating element – plagiarism causing extra large damage in art. 146 of the RF Criminal Code – means: the extra large damage after the appropriation of the authorship consists in the property damage not in the moral harm. But it is impossible to assess the exact amount of the property damage as it usually consists of loss of profit

Pages

1899-1904

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/68772

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