Преступления с двумя формами вины: концептуальные подходы и коллизии правоприменения

Abstract

The article, in a comparative aspect, examines the conceptual approaches of domestic and foreign legislators to understanding the action of the psychological mechanism in crimes committed with two forms of guilt, and to the construction of legal norms regulating responsibility for intentional criminal acts that negligently entail grave consequences. The purpose of the study is to identify the features of the theoretical substantiation of the phenomenon of two forms of guilt in domestic and foreign criminal law. The solution to two interrelated scientific and theoretical problems is aimed at achieving this goal - studying the concept of “complex form of guilt” in the legislation of the CIS countries and analyzing approaches to constructing elements of intentional crimes with careless consequences. During the study, comparative legal and formal logical methods were used. Based on the analysis of the criminal legislation of the Russian Federation and neighboring countries, similarities and differences have been identified in the theoretical justification of crimes with two forms of guilt in criminal law and features of the legislative regulation of intentional crimes, the qualifying features of which include grave consequences resulting from negligence. The author's vision of the relationship between objective and subjective characteristics in crimes committed with two forms of guilt is presented.