(2019)
(2019)
(2019)
(2019)
(2019)
(2019)
(2019)
(2019)
(2019)
(2018)
(2018)
(2018)
(2018)
(2018)
(2018)
(2018)
(2018)
(2018)
(2018)
(2017)
(2017)
(2017)
(2017)
(2017)
(2017)
(2017)
(2017)
(2017)
(2017)
(2016)
(2016)
Special Issue - (2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2016)
(2015)
(2015)
Special Issue - (2015)
(2015)
(2015)
(2015)
(2012)
(2012)
(2012)
Special Issue - (2012)
pp. 4218-4228 | Article Number: ijese.2016.328
Published Online: August 06, 2016
Abstract
The relevance of the research of this problem is caused by the theoretical and practical needs of a specific concept of the crime object as one of the corpus delicti signs essentially the determining and defining its object and objective side, thereby – the nature of socially dangerous act. Besides, being a facultative sign of corpus delicti, the object of a crime contains in more than a half of the crime components provided by the Special Part of the Criminal Code of the Russian Federation. The purpose of article consists in research of the most problematic issues of an object of a crime and on the basis of critical understanding of the existing definitions of the search term to offer our own definition of the crime object. The basic methods of research were formal-logical, historical, systemic, structural and comparative - legal methods which have allowed to consider the evolution of the views of legal scholars to the search term and to distinguish the criminal legal concept of crime object from the related concepts and from the Criminal Procedure notion of «the injured person. In article the object of a crime is provided not as a thing of a material world, including only inanimate objects but as more difficult phenomenon, the certain material and (or) intellectual substratum characterizing, and sometimes determines the other elements and features of a crime, illegal impact on which or in connection with which (concerning which) a real threat is caused or a real threat of substantial harm to legally protected public relations (personal benefits) is inflicted. The study results are of practical value for teaching staff, which lead lessons and specialized courses of the criminal law cycle, and also have some importance for law enforcers in the legal assessment of the offense, the qualification of crimes, delimitation of object of a crime from methods and tools of its commission.
Keywords: The crime object, the object of commission of crime, signs of the object and objective side of the offense, corpus delicti
References
Avdeev, V. A. & Avdeeva, E. V. (2013). Controversial issues of qualification of human trafficking and use of a slave labor. Russian justice, 7, 20-23.
Bikmurzin, M. P. (2005). The subject of crime: theoretical and legal analysis: PhD Abstract. Saratov, 26 p.
Convention on the compensation of victims of violent crimes, the Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings. (2001). SPS Consultant Plus, 35 p.
Course of criminal law. (2002). The doctrine about a crime. In N. F. Kuznetsova and I.M. Tyazhkova (Eds.). Moscow: IKD "Zertsalo-M", 624 p.
Criminal law of Russia. (2015) Parts the General and Special. Moscow: Prospectus, 1184 p.
Criminal law of the Russian Federation. (2013). The General and Special Parts. (2013) Moscow: CONTRACT, INFRA-M, 704 p.
Gaukhman, L. D. & Maksimov, S. V. (2008). Criminal law. Moscow: Norma, 1008 p.
Gertsenzon, A. A. (1948). Criminal law. Moscow: RIO VYUA. 496 p.
Glistin, V. K. (1979). The problem of criminal law protection of public relations. Object and qualification of crimes. Leningrad: Publishing house of the Leningrad university. 127 p.
Gribunov, O. P. & Tretyakova, E. I. (2013). Drugs as a subject of a crime. Russian investigator, 18, 2-4.
Guidelines on justice in matters involving child victims and witnesses of crime. (2001). SPS Consultant Plus, 121 p.
Helfer, M. A. (1969). Some questions of general teaching of the subject of crime in the Soviet criminal law. Questions on Soviet penal law. Scientists notes, 7, 39-59.
Kistyakovskiy, A. F. (1891). The elementary textbook of the general criminal law with a detailed statement of the beginnings of the Russian criminal legislation. Kiev: Johanson, 892 p.
Kudryavtsev, B. H. (1951). To a question of a ratio of object and a subject of a crime. Soviet state and right, 8, 55-60.
Naumov, A. V. (2007). Russian criminal law. Moscow: Volterskluver, 572 p.
Piontkovskiy, A. A. (1961). The doctrine about a crime on the Soviet criminal law. Moscow: Gosyurizdat, 666 p.
Resolution of the Plenum of the Supreme Court of Justice of 9 July 2013 number 24. (2013). "On judicial practice in cases of bribery and corruption of other crimes". SPS Consultant Plus, 212 p.
Shulga, A. V. (2008). Object and a subject of crimes against property in the conditions of the market relations and information society: PhD Abstract. Volgograd. 47 p.
Spasovich, V. D. (1863). Textbook on criminal law. St. Petersburg: Iosafata Ogrizko, 432 p.
Spiridonova, O. E. (2002). Symbol as a crime subject: PhD Abstract. Kazan. 23 p.
Tatsiy, V. Ya. (1988). Object and a subject of a crime in the Soviet criminal law. Kharkov: Vishchashk. Publishing house of the Kharkov University, 198 p.
Traynin, A. N. (1957). The general doctrine about corpus delicti. Moscow: Gosyurizdat, 364 p.
Vetoshkina, M. M. (2001). Securities as a subject of theft: PhD Abstract. Ekaterinburg. 25 p.
Vinokurov, V. N. (2011). The subject of crime: unlike of the related concepts. Journal of the Russian right, 12, 56-63.
Vishnyakova, N. V. (2003). The object and subject of crimes against property: PhD Abstract. Omsk. 24 p.
Yani, P. S. (1995). Legislative definition of the crime victim. Russian justice, 4, 39-42.
Yashkov, S. A. (2005). Information as a crime subject: PhD Abstract. Yekaterinburg. 23 p.