Problematic aspects of subjective signs of illegal use of means of individualization of goods (works, services)

Special attention is paid to the issues of qualification of a crime by the subject and the subjective side of the illegal use of means of individualization of goods (works, services). The signs of the subjective side of the illegal use of a trademark, such as guilt in the form of direct intent, are given. The goals and motives of committing a crime under Article 180 of the Criminal Code of the Russian Federation do not affect the qualification of this illegal act. At the same time, they must be taken into account by the court when imposing punishment. The author also examines the subject of the crime. Its mandatory features are given. Special attention is paid to the importance of optional signs of the subjective side of the crime for the correct qualification of the illegal use of a trademark, as well as the possibility of its differentiation from related crimes. The purpose of this study is to identify contradictions and problems in criminal legislation and law enforcement practice related to the definition of subjective signs of the corpus delicti provided for in Article 180 of the Criminal Code of the Russian Federation. The methodological component of scientific research is determined by the basic provisions of the dialectical method of cognition, general scientific and private scientific methods: comparative legal; formal legal; systemic; logical. The analysis of judicial practice made it possible to formulate specific rules for distinguishing between two types of intentional forms of guilt in the commission of illegal use of means of individualization of goods (works, services). As a general rule, these crimes can only be committed with an intentional form of guilt. However, the type of intent is determined on an alternative basis. The key in this case is the attitude of the subject to the damage caused by his crime. The problems of establishing and proving intent to commit a crime under Article 180 of the Criminal Code of the Russian Federation are revealed. Possible directions for the development of prospects in this case are: the introduction of additional signs for the qualification of a crime under Article 180 of the Criminal Code of the Russian Federation; consideration of the issue exclusively in an administrative and legal manner. It is recognized that it is necessary to include in the qualified corpus delicti provided for in Article 180 of the Criminal Code of the Russian Federation such a feature as the commission of an act by a person using his official position.

subject of crime, the subjective side of the crime, illegal use, trademark, means of individualization, subjective signs, crime, the composition of the crime, public danger, criminal law