associate professor at the Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, candidate of legal sciences, associate professor
20, Rokossovsky st., Krasnoyarsk, Russia, 660131
In spite of importance of the crime’s object as a criterion of norms’ systematization of Special part of the Criminal Code of the Russian Federation, and whose qualification process establishment is an initial point, there is not clear and indisputable determination of its concept in the theory of criminal law. Plenty of publications devoted to the object of crime, especially in the last decades, contribute even greater vagueness in understanding of what should be read under this element. On top of that the theory suggests giving up on the object of crime as an element of the constituent elements of offence as it leads to destroying a traditional construction, i.e. corpus delicti. This is a point that pushes to do the research. Evaluating different points of view on the object of crime concept, the author comes to the conclusion that the object of crime is a difficult multilevel concept, which should be considered from axiological point of view as (1) a certain value (the object protected by criminal law), as (2) the legal concept salient being the element of corpus delicti, and as (3) the phenomenon of the tangible and intangible world, where a guilty person commits a crime affecting the above (the object of acts committed). It is necessary to consider not different concepts, but different aspects of the same phenomenon — the object of crime. Public relations protected by the norms of criminal law, as the object protected by criminal law, is the potential object of crime. After the crime committed, public relations exist already in a violated state as the consequences of the crime in a broader sense. Consequently, the object of the crime exists only at the time of committing the crime. Therefore, such aspects of the object of crime as “the object protected by criminal law” and “the object of the crime” are different in terms of meaning, significance, volume and time characteristics. In formulating the dispositions of the norms of the Special Part of the Criminal Code of the Russian Federation, the legislator transfers protected public relations (the subject of criminal-legal protection) to the category of the element of corpus delicti that arises from the moment the relevant criminal law enters into force. The object as the element of corpus delicti based on volume is narrower than the object protected by criminal law, since not all relations are subjects to regulation or their regulation by norms of law is inadvisable. Considering the object of the crime through the selected aspects will allow resolving disputes about the criterion for protecting and differentiating responsibility of infringement on life, the systematization of the norms of the Special Part of the Criminal Code of the Russian Federation and the place of the target in the structure of corpus delicti.
Keywords: object of crime, object protected by criminal law, corpus delicti, target of crime, structure of public relations.
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