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Shinkaruk V.M. Problems of the Legislative Regulation of Signs of the Subjective Aspect of Hooliganism

Vladimir Markovich Shinkaruk
Candidate of Juridical Sciences, Associate Professor,
Department of Criminal Procedure and Criminalistics,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation


Abstract. The presented article is devoted to the psychological basis of hooliganism allowing to delimit this structure from the adjacent. At the same time, the author marks out that specifics of the subjective party of hooliganism are only partially reflected in Art. 213 of the Criminal Code of Russian Federation. Therefore in this work the maintenance of the subjective aspect of hooliganism by means of the analysis of legislative provisions of such integrally uniform concepts, as blame, motive is investigated.
The opinion according to which all constitutive signs of the subjective aspect of hooliganism are at the same time components of other structures of crimes, denies specifics of hooliganism. The author of the article sees the feature of the subjective aspect of the hooliganism in integration of components of this aspect of hooliganism into a number of other structures of crimes. The opinion that edition of the corresponding criminal precept of law about hooliganism regarding the instruction in it on the subjective aspect of this crime demands the specification, is expressed.

Key words: hooligan motive, motivation, subjective aspect, purpose, mischief, blame, direct and indirect intention, formal structure.

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