Characterization of the identity of a foreign agent as the subject of a crime

In this article, the author examines the criminal-legal characteristics of the identity of a foreign agent as the subject of a crime under Article 330.1 of the Criminal Code of the Russian Federation. The study of the identity of a foreign agent allows answering the question of what motivates such a person to commit a second or repeated offense, and then a crime (taking into account prejudice) in the context of a tendency to regress in international legal relations, as well as to identify preventive measures. A new phenomenon for the legal system and society is foreign influence, which shapes political and public thought contrary to the interests of the state, and is not only unexpected, but also widespread and viable. No criminal offense, especially in the field of state security and the preservation of the constitutional order, is committed by itself without a reason and grounds. The formation of criminal behavior of a foreign agent, oriented from the outside, is the result of the activities of foreign influence (foreign sources), which have strictly defined goals, both explicitly stated and veiled. The methodological basis of the research is the application of general and special scientific methods of cognition, including the formal-legal one and the method of legal statistics. The author comes to the conclusion that the standard personality portrait of a foreign agent is characterized as follows: it is a sane individual (regardless of citizenship) who has a higher education (academic degree), high intelligence and organizational skills, possesses authority and fame, sociability and skills to gain self-confidence. This applies to the obvious signs of the identity of a foreign agent. Negative psychological characteristics of a person can be attributed to hidden signs, since actions contrary to the interests of the state, society and individuals who may suffer from the activities of a foreign agent express their disregard for the norms of the law. The basis of such neglect is one's own moral guidelines, built on achieving personal goals and obtaining benefits or rewards. The criminal-legal characterization of the identity of a foreign agent who commits a crime repeatedly indicates their increased public danger and depends on the social conditions conducive to the continuation of illegal activities. Identifying such conditions is a criminological task in order to study the personality traits of a criminal - a foreign agent who distinguishes him from law-abiding citizens. Based on existing law enforcement practice, such conditions include the development of digital communications and the purpose of their use by certain individuals. Thus, questions concerning the characterization of the identity of a foreign agent as the subject of a crime are important for the science of law, as they help to identify factors contributing to the commission of crimes and determine the directions of criminal policy in the field of countering foreign influence. The author declares no conflicts of interests.

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