Methodological basis for study of consequences excluding criminality of act

Circumstances which exclude the social danger and criminal wrongfulness of acts are infact an inter-disciplinary institution and reflect the features typical for a legal category common in relation to them - grounds to disclaimlegal responsibility. When examining the circumstances, excluding the criminality of actions, we are to refer to different scientific approaches:consideration of separate conditions of circumstances, excluding the criminality of an act with and without their division intogroups; consideration of components of the circumstance, excluding the criminality of an act; consideration of the ground of circumstance,excluding the criminality of act and an act, the criminality of which is excluded; consideration of a circumstance, excluding thecriminality of an act in the form of an external factor; consideration of an act, the criminality of which is excluded. Each of the approachesmentioned above does not fully cover both the form and essence of circumstances, excluding the criminality of an act. It ishardly ever possible to state that circumstances, excluding the criminality of an act, constitute only an external factor, especially it isincorrect to reduce them to the act only. At the same time there are several legal facts in their structure, which only taken together allowus to speak about the lawful character of the situation on the whole. It is necessary to refer the following to the above mentioned legalfacts: external factor (ground); condition of a circumstance, which excludes the criminality of an act; acts, the criminality of which isexcluded. The mentioned legal facts lead to the isolation of a group of legal relations connected with the realization of some circumstance,excluding the criminality of act. The category of a legal situation reflects the peculiarities of a specified legal structure morecompletely. In criminal law understanding the situation of a circumstance, excluding the criminality of an act, represents a system ofsuccessive actions (omissions of acts) and events, consisting of an external factor, which causes the conditions for the commission of anact, the criminality of which is excluded as well as an act itself. Under the circumstances, excluding the criminality of an act, we understanda legal category provided for by the Criminal Code of the Russian Federation which reflects the conflict of social goods when onegood is damaged for the sake of preserving another one. The given category consists of a ground (an external factor) and a conditionwhich exclude the criminality and community danger of an act as well as an act which possesses all the characteristics of a corpus delictiand damages some criminally protected goods (interests).

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