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О предпосылках назначения лишения права занимать определенные должности либо заниматься определенной деятельностью как специальных видов наказания
deprivation of the right to hold a certain position or engage in a certain activity are special types of punishment, since they are aimed at a limited number of subjects with appropriate status and role characteristics. These signs are either special signs of the subject as an element of the corpus delicti, or they allow to reveal the mechanism of committing a specific act, without having significance for the purposes of qualification. In both cases, the appointment by the court of the punishment provided for by art. 47 of the Criminal Code of the Russian Federation, as the main or additional one, does not raise objections, since there is a connection between the committed act and the specifics of the subject. At the same time, the analysis of theory and judicial practice shows that not in all cases of application of the specified norm, the court establishes the existence of such a connection, guided, in particular, by the low public danger of the committed act and (or) the identity of the perpetrator. Linking the existence of such a practice with the insufficiently clearly expressed position of the legislator and the highest court, the author points out the need to bring it to the requirement of unambiguous consideration of the connection between the crime committed and the official status or professional and other activities of the perpetrator as a prerequisite for the application of Article 47 of the Criminal Code of the Russian Federation.