Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2012 5 (3)

Authors

Sevastyanov, Alexander P.; Kondrashov, Andrey A.

Contact information

Sevastyanov, Alexander P. : Siberian Federal University , 82 Svobodny, Krasnoyarsk, 660041 Russia; Kondrashov, Andrey A. : Siberian Federal University , 82 Svobodny, Krasnoyarsk, 660041 Russia , e-mail:

Keywords

circumstances excluding criminality of act.

Abstract

Nowadays, it is given a lot of attention in literature to the circumstances excluding criminality of act. However, the majority of publications on the given issue concern separate circumstances that refer to the given category. A general characteristic of the circumstances excluding criminality of act is quite a rare object of research and, as a rule, its presented only to that extend when it is necessary to consider the issues on one of the circumstances of the given list. Thus, even definitions of concept of circumstances excluding criminality of acts given by different authors essentially differ from each other. At the same time, we consider to be rather important such problems as characteristic of general signs of circumstances excluding criminality of act and revealing basic, essential features which can be laid down in the foundation of a concept definition of these circumstances. Their decision will facilitate explanation of the legal nature and features of the given institution and results in perfection of legislation in a corresponding part and practical activities on its application. An act provided by Especial part of the Criminal Code of Russian Federation is not always considered to be a crime. For such an act to be considered a crime it should possess all signs of a crime which are listed in the General part of the criminal law. In the domestic theory of criminal law, it should be almost everywhere recognized that the presence of the circumstance excluding criminality of act, testifies the absence of this or that sign of a crime in the act (this exactly contains the general view of the legal nature of the circumstances excluding criminality of act).

Pages

438-442

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/2743

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).