Общественная опасность как элемент умысла в уголовном праве: трудности реализации при установлении вины

Андрей Геннадьевич Иванов

doi:10.17308/vsu.proc.law.2020.2/2814

Authors

Andrey Gennadievich Ivanov Far-East law institute of Ministry of the Interior

DOI:

https://doi.org/10.17308/vsu.proc.law.2020.2/2814

Keywords:

guilt, intent, wrongfulness, harm, consciousness, foresight, social danger, aftermath

Abstract

The author refers to the formulation of the intentional form of guilt available in the criminal legislation of Russia, focusing on the concept of "social danger", the content of which science has no single idea. But at the same time the legislative formula of intent is on the position of mandatory presence in the consciousness of the person engaged in criminal behavior, the essence of reality, which is indicated by these concepts. As a result of the analysis of the identified problems proposed editorial changes in the criminal code of the Russian Federation, which defines intent as a form of guilt.

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Author Biography

Andrey Gennadievich Ivanov, Far-East law institute of Ministry of the Interior

The author refers to the formulation of the intentional form of guilt available in the criminal legislation of Russia, focusing on the concept of "social danger", the content of which science has no single idea. But at the same time the legislative formula of intent is on the position of mandatory presence in the consciousness of the person engaged in criminal behavior, the essence of reality, which is indicated by these concepts. As a result of the analysis of the identified problems proposed editorial changes in the criminal code of the Russian Federation, which defines intent as a form of guilt.