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ON THE PECULIARITIES OF THE NORMATIVE CONSTRUCTION OF CRIMINAL LAW PROHIBITIONS WITH AN ALTERNATIVE PRESENTATION OF THE SIGNS OF THE CORPUS DELICTI

Salnikov Nikolay Vyacheslavovich  (Senior Lecturer of the Department of Criminal Law Disciplines, University of the Prosecutor's Office of the Russian Federation (Moscow))

The article is devoted to the analysis of the features of the normative construction of the elements of crimes with alternative signs in the domestic criminal law. The paper notes the prevalence of constructions of criminal law prohibitions, in which the description of criminal manifestations of prohibited behavior allows us to judge an alternative presentation of the signs of the corpus delicti. It is stated that the process of constructing compositions of crimes with alternative signs requires the legislator to take into account both the general grounds for criminalizing acts and compliance with special conditions related to assessing the stability and stability of combinations of criminalized variants of committing a criminal offense, as well as assessing the public danger of possible combinations of such options. Failure to comply with such conditions should be considered as ignoring the criminological grounds for constructing the corpus delicti.

Keywords:The composition of the crime, the construction of the corpus delicti, the compositions of crimes with alternative signs

 

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Citation link:
Salnikov N. V. ON THE PECULIARITIES OF THE NORMATIVE CONSTRUCTION OF CRIMINAL LAW PROHIBITIONS WITH AN ALTERNATIVE PRESENTATION OF THE SIGNS OF THE CORPUS DELICTI // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№07. -С. 145-148 DOI 10.37882/2223-2974.2023.07.27
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