Musienko N.S. —
Evaluative features in the composition of crimes against public (general) security: a modern concept of their use
// Law and Politics. – 2024. – ¹ 12.
– P. 65 - 78.
DOI: 10.7256/2454-0706.2024.12.72798
URL: https://en.e-notabene.ru/lpmag/article_72798.html
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Abstract: The paper examines the evaluative features of the crimes against public (general) safety. In the context of a large-scale perpetration of the said crimes, taking into account of their social danger, for a clear understanding of their content of the features, it seems necessary to study the evaluative categories of these crimes. The author touched upon the features of crimes against public (general) safety as an independent crime's group, and also illustrated the use of evaluative categories in the compositions of these crimes both at the legislative and law enforcement levels. Based on the results of the study, a number of conclusions are made. In particular, it was found that when constructing the compositions of crimes against public (general) safety, evaluative features are used to describe the subject, socially dangerous act and its consequences, method, object used as a tool, special subject and purpose. It was determined that the most extensive and diverse use of evaluative features in the designated compositions of crimes takes place when describing such a mandatory feature of the objective side as a socially dangerous act. The author noted that a number of evaluative features in the crimes against public (general) security received authentic and judicial interpretation. The first is presented in the notes to the relevant articles of the Criminal Code of the Russian Federation, the second - in the resolutions of the Plenum of the Supreme Court. In conducting the study, the author also noted that the evaluative categories in relation to the analyzed group of crimes were used not only in constructing the model of the crime, but also in regulating special types of exemption from criminal liability.