Problems of Defense of a Subject for Crime
Abstract
The article is devoted to the attempt of finding the theoretical model of the subject of a crime, to analyze its definition with the account for the provisions of the Criminal Codes, which acted on the territory of Ukraine. The document contains a list of pre-revolutionary, Soviet and modern forensic scientists who have studied the issue of the subject of a crime. It is also indicated that a comprehensive study of a subject of a crime in domestic science of criminal law was not carried out, and the researchers determined some aspects of the subject of a crime or selectively limited the research topic with a certain group of crimes. The definition of the subject of the crime in the Criminal Codes, which acted on the territory of Ukraine, was characterized. It is stated that the concept of «subject of crime» covers the legally established and scientifically developed features of the crime. It is proven that the set of features on the basis of which a physical person who committed a socially dangerous act is subject to criminal liability, are part of the structure of the subject. It is noted that the absence of at least one feature of the subject excludes the possibility of qualifying the offense as a crime, and to determine a person as the subject of the crime. The scientific positions concerning the understanding and characteristics of obligatory characteristics of the subject of a crime are singled out. It is noted that suggestions on attaching the characteristics which characterize a person as a member of a society (thoughts, feelings, past actions of the person, its professional and public activity, merits to society, moral and political beliefs) to the subject of a crime cannot be considered reasonable. The scientific discussion about certain features of the crime is analyzed. The proposals for expanding the understanding of both the subject of a crime and its obligatory features are analyzed. It is determined that despite extensive research of the subject of a crime problematics both at the level of individual publications and at the level of relevant dissertational research, there are still unexplored directions and questions remaining.
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