Mutsalov Shadid Shahidovich (PhD in Law, Associate Professor of the Department of Theory and History of State and Law Chechen State University named after A.A. Kadyrov )
Dadaev Khamzat Mamutovich (Ph.D. in Law, Leading Researcher
Kh.I. Ibragimov KNII RAS
)
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Within the framework of this article, the author reveals the legal features of the interpretation of guilt in the context of crimes with a formal composition. The formal composition does not provide for consequences, so guilt is determined only in relation to the act itself (Article 24 of the Criminal Code). In this case, the crime is recognized as committed intentionally if the person was aware of the socially dangerous nature of his act and wanted to commit it. The debatable problem of the possibility of committing crimes with a formal composition with a careless form of guilt is revealed. The conclusion about the admissibility in some cases of recognition of the presence of negligence in an act with a formal composition is substantiated. Accordingly, the specifics of establishing guilt in compositions with a formal design and the need to take it into account for the correct qualification of the deed and the formation of uniform law enforcement practice are noted.
Keywords:substantive content of guilt, crime, formal composition, psychological content, composition of the crime.
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Citation link:
Mutsalov S. S., Dadaev K. M. PROBLEMS OF DETERMINING GUILT IN CRIMES WITH FORMAL COMPOSITION // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№08. -С. 89-93 DOI 10.37882/2223-2974.2023.08.20 |
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