THE FORMATION OF THE CONCEPT OF OFFENCES IN RUSSIA


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Abstract

The legal category of “offence” is a key in the theory of law. Its study in science has traditionally paid a lot of attention, but it should be noted that to date, many parties in this category remain controversial and not fully understood. A characteristic feature of modern Russian law is the process of allocating “new” types of offenses – branch (constitutional, tax, customs, etc.). This has naturally led to increasing complexity of the overall system of illegal acts, which every year becomes more and more difficult to navigate. I must say that the provisions concerning unlawful acts in the sectoral disciplines in the majority have been designed independently without taking into account the provisions developed General theory of law. This is reflected in the regulatory definitions, which leads to disputes in practice. In this regard there is an urgent need to develop a United theoretical concept of the offense, which should become the basis for the entire system of industrial offences. Developed in the bowels of the provisions must be implemented at the legislative level when you pin definitions industry-specific offences, their characteristics, structure. As for the theoretical investigation of such legal phenomenon as a crime that it becomes effective only when it is based will be the study of historical material. Of course, that modern ideas about the offense not formed spontaneously. Their formation has provided and continues to provide a wide variety of factors including historical. It is true that modern science cannot do without historical basis. This applies to the theory of state and law. Therefore, one of the most important tasks is the study and analysis of stages of formation of the legal doctrine of offense in historical perspective.

About the authors

Anna Viktorovna Sidorova

Samara State Economic University, Samara

Author for correspondence.
Email: An.sido@bk.ru

senior lecturer in public law

Russian Federation

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