THE CONCEPT OF CIRCUMSTANCES PRECLUDING CRIMINALITY OF AN ACT
2022
Vasilev A. M. (Kuban State University)
Ruso. Circumstances excluding criminality of an act are considered in this scientific article through the prism of development of theoretical views on their legal nature. On the basis of a systematic study of works written by such domestic authors as L.S. Belogritz-Kotlyarevsky, A.G. Kibalnik, S.G. Kelina, A.F. Koni, V.A. Eleonsky, A.A. Piontkovsky, N.N. Pache-Ozersky, E.F. Pobegatsylo, S.V. Poznyshev, N.S. Tagantsev, I.S. Tishkevich and others, the conclusion about the main stages of formation of the theory and legislation on circumstances precluding criminality of an act is made. Critical approach and sistemic analysis allowed the author to disagree with a number of ideas expressed in the works of Russian legal scholars, in particular, with "the incentive theory of circumstances precluding criminality of an act" and "the theory of compromising nature of circumstances precluding criminality of an act". On the basis of the carried out systemic analysis the author draws a conclusion about the complex legal nature of these circumstances, about the progressive development of Russian criminal legislation in terms of their regulation, thanks to the researches of Russian scientists.
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