MANDATORY SIGNS FOR RECOGNIZING A MINOR AS A SUBJECT OF A CRIME

Аннотация

This article is devoted to the issues related to the necessary signs of identifying a minor as a subject of a crime, in which the necessary signs of finding a minor as a subject of a crime are studied as one of the important signs of the composition of the crime. Also, a minor who has committed a socially dangerous act provided for in the criminal law and the law, if he has reached the age of criminal responsibility specified in this law, is considered the subject of the crime, as well as the scientific views, researches, and interactions between them the similarities and differences are detailed. At the same time, certain signs of the subject of the crime are sometimes not enough to find a particular person as the subject of particular crimes. In such cases, the legislator provided a number of additional symptoms in the Criminal Code for the correct determination of criminal liability. According to these signs, the special subject of the crime is determined. At the same time, the identification of a minor as a subject of crime was systematically analyzed, its problematic aspects were identified and described sequentially. In addition, many aspects of the problems related to the age of a minor and the special subject of the crime are controversial today, and in judicial practice, there are misconceptions about a number of issues related to the concept of the special subject of the crime. At the same time, the doctrine of criminal law and existing scientific research were analyzed, and reasonable theoretical proposals and recommendations were developed in this regard.