The Basis of Criminal Liability under the Criminal Code of the Russian Federation

Abstract

Theoretical and applied problems of criminal liability are investigated with an emphasis on the features of doctrinal interpretation and regulatory regulation of its basis. The scientific understanding of the stated problem was aimed at expanding the extensive fundamental knowledge already achieved by criminal law thought about criminal responsibility and the mechanism of its implementation. Within the framework of the research objectives, by means of a systematic, functional and logical-legal analysis of such fundamental concepts of criminal law as crime and corpus delicti, their significance for the formation of the basis of criminal responsibility is revealed. The conclusion is substantiated that the socially dangerous act provided for in Article 8 of the Criminal Code of the Russian Federation and the actual composition of the crime contained in it form an indissoluble unity of the crime as the basis of criminal liability. Based on interpretation According to the legal positions of the Constitutional Court of the Russian Federation, the practice of introducing norms into the structure of the Special Part of the Criminal Code of the Russian Federation defining the individual characteristics of the criminal’s personality, in particular, a criminal record, as a crime-forming feature of the corpus delicti, has been critically evaluated.