Osadchaya, A.S. On the issue of functions of the component elements of a crime

Abstract: The article is devoted to the analysis of the functions within the component elements of crime. Within the general theory of law when the legal function was analyzed the attention of the scientists was usually centered upon its role within the system of social relations. The functions reflect the most significant, most important legal features, characterizing law in motion, reflecting its dynamic nature. Therefore, the functions of law are the main directions of legal influence, reflecting the role of law in bringing order into social relations. The definition of functions of constituent elements of a crime was for the first time used by Y.M. Brainin, who has noted that the constituent elements of crime as a criminal law institute performed two functions. M.I. Bazhanov considered that the functions of the constituent elements include fundamental, guaranteeing, distinguishing, procedural, dogmatic, qualificational, descriptive, restrictive, axiological, dogmatic and praxeological functions. The author considers that the classification provided by M.I. Bazhanov is quite acceptable with some clarifications offered by the author.

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