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Shchelkonogova E.V. Body of the Crime as a System

DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.21

Elena V. Shchelkonogova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Law, Ural State Law University, Komsomolskaya St., 21, 620137 Yekaterinburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-4528-2278


Introduction: body of the crime is of paramount importance not only as a statutory concept in the Russian criminal legislation, but also as a tool to determine that an act is a crime, due to what the author of the criminal law study set the goal of researching the body of the crime as a system. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, systematicity, analysis and comparative law. Results: the author’s well-founded position is based on the legislation and the opinions of the competent scientific community of the question of why the body of crime is a system. Based on the legal analysis of the theory of law provisions, the differentiation of characteristic features of the body of the crime as a statutory concept is carried out. The issues of legal regulation of various types of crimes are raised by using the system properties of the body of the crime. Conclusions: as a result of the study, the role of the body of the crime as a statutory concept for the further development of the Russian legislation was identified, and the features that allow us to speak of it as a system were identified. It is established that the body of the crime is a natural result of the development and improvement of those provisions that were laid down in the criminal legislation.

Key words: system approach, classification of crime, body of the crime, crime, Special Part of the Criminal Code of the Russian Federation.

Citation. Shchelkonogova E.V. Body of the Crime as a System. Legal Concept, 2020, vol. 19, no. 1, pp. 146-150. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.21

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