INTERRELATIONSHIP OF SIGNS OF THE OBJECTIVE SIDE OF CRIME IN CRIMINAL LAW: GENERAL PRINCIPLES, PROBLEMS, ANALYSIS AND SOLUTIONS

Аннотация

The article widely uses logical, inductive, deductive, systematic, logical-legal, comparative-legal research methods. In particular, it was noted that the qualification of the act, the relationship between the signs of the objective side of the crime and the method of committing the crime can be classified as follows: 1) from the point of view of manifestation of the method of committing a crime as a form of a specific socially dangerous act (reflected in a specific socially dangerous act): a) the relationship between the method of committing a crime and the weapon of committing a crime; b) the relationship between the method of crime and the place of crime; 2) from the point of view of the fact that the method of committing a crime is not reflected in a specific socially dangerous act, but as a necessary sign of the nature of the crime: a) the relationship between the method of committing the crime and the method as an aggravating (qualifying) sign of responsibility; b) the relationship between the method of crime and the place of crime. The method of committing a crime in individual cases makes it possible to distinguish one or another crime objectively (that is, to distinguish crimes from each other), and gives the presence (or not) of a socially dangerous act, socially dangerous consequence and other elements of the crime, as well as the optional characteristics of another objective aspect of the crime. At the same time, the doctrine of criminal law and existing scientific research were analyzed, and reasonable theoretical recommendations were developed in this regard.