Some problems of qualification of actions of officials who have committed crimes infringing on the rights of orphaned children and children left without parental care to provide comfortable living quarters under Part 2 of Article 315 of the Criminal Code of the Russian Federation

The relevance of the study is due to the significant number of orphans and children left without parental care, who are not provided with comfortable residential premises, despite the existence of court decisions that have entered into force, which until recently were considered as an alternative way to reduce the waiting time for housing. In many regions of the Russian Federation, orphans who have court decisions form a parallel queue with other orphans on the list. So, out of almost 22 thousand orphans who received housing in 2023 (financing of 2023), over 9.6 thousand were secured on the basis of court decisions. Thus, as of January 1, 2022, the number of orphans and children left without parental care who have outstanding court decisions on providing them with housing exceeded 35.6 thousand, as of January 1, 2023 it was over 34.1 thousand, and as of January 1, 2024 – about 28.7 thousand. Despite the clear downward trend, court decisions entered into force for almost 7300 orphans in 2023. Given the significant number of criminal cases on the facts of not providing orphaned children with housing, the purpose of the research is to study the need to apply, in addition to the main component of the criminal act, charges against persons involved in the commission of crimes under Part 2 of Article 315 of the Criminal Code of the Russian Federation regarding the failure to comply with court decisions that have entered into force. The existing judicial practice is analyzed, and a set of measures is being developed to prevent investigative errors that lead to negative consequences. In addition, an assessment is given of the need to involve individuals in additional criminal structures.