Plagiarism as a Bbasis for Deprivation of a Previously Awarded Academic Degree: Constitutional and Legal Limits and Conditions

The article is devoted to the study of the problem of incorrect plagiarism as a basis for depriving persons of a scientific degree. The author defends the point of view that the main goal of the legal regulation of these social relations is the proper provision of constitutionality in the public law mechanism for depriving citizens of previously awarded academic degrees, especially if a significant amount of time has elapsed after the public defense of the dissertation. The article supports the position on the immorality and illegality of plagiarism as such, the need for proportionate legal liability of the relevant persons, if the offender’s guilt is proved in due legal procedure and the statute of limitations has not expired. However, the plagiarist is not affected by constitutional rights and freedoms. A person who has made incorrect plagiarism retains the constitutional right to scientific creativity, the restrictions of which are allowed only in the manner provided for in Part 3 of Art. 55 of the Constitution of the Russian Federation (federal law and only for the purposes expressly listed in the Constitution of the Russian Federation). Relevant persons are entitled to rely on the presumption of innocence and use to their advantage the constitutional prohibition of retroactive application of the law that establishes or aggravates liability.