Concept of «Substantial Damage» in the Qualified Component of Non-Execution of a Court Decision and in other Components of a Criminal Offense
Abstract
Abstract. The article is devoted to the analysis of scientific and empirical sources on the qualification of illegal acts that caused significant harm or other socially dangerous consequences. The signs of physical, property and moral harm in the content of the qualified composition of non-execution of a court decision and in the context of the content of such consequences in other criminal offenses are highlighted. The problems of legal support and law enforcement practice of the qualification of criminal offenses, the composition of which includes consequences of various contents as qualifying features, are highlighted. The issues of the qualification of non-execution of a court decision, other criminal offenses causing significant harm are highlighted, and the nature of the quantitative and qualitative criteria of this type of socially dangerous consequences of the committed illegal act is assessed. In the process of research, attention is focused on the analysis and generalization, based on the results of studying the materials of judicial practice, of the qualifying features of socially dangerous consequences in the content of the composition of non-execution of a court decision, arbitrariness and in other criminal offenses. A comprehensive generalized concept of the legal term “substantial damage” in its three dimensions: physical damage, property damage and moral damage has been formulated, and a proposal has been made to make appropriate additions to the norms of current criminal legislation. The provision on the need to provide for the norms of criminal legislation to include a list of comprehensive terms, which include evaluative concepts for determining the content and characteristics of criminal law consequences as part of criminal offenses, in particular, to recognize such significant damage, has been further developed. The proposed legislative innovation will contribute to a more effective process of qualifying criminal offenses in law enforcement activities.
Keywords: qualified and especially qualified elements of a criminal offense; socially dangerous consequences; physical, property and moral damage; significant damage; arbitrariness; failure to comply with a court decision.
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