Moscow State Regional University, Moscow 105005, Russian Federation
In light of the introduction to the State Duma of the Russian Federation of the bill No. 612292-7 “On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation in connection with the introduction of the concept of criminal misconduct” the article reveals the actual problem of admissibility (inadmissibility) of the recognition of crimes against the person, which are not punishable by imprisonment, a criminal offense.
The aim of the study is to identify the criteria that allow classifying the act prohibited by the criminal law as a criminal offense. To achieve this goal, the following tasks are set: to show the importance of the theory of criminal law infliction as a means of proving crime acts in the context of criminal misconduct; to prove the presence of socially significant harm and socially significant changes in the object of criminal law protection by establishing the nature and degree of social danger of crimes against the life, health, interests of minors; to justify the absence of public danger of crimes with administrative prejudice, located in Chapter VII of the Russian Criminal Code; to show the features of the negative impact in the object of criminal law protection of crimes against honor, dignity of the individual, constitutional human and civil rights.
The research is based on formal-legal, linguistic, logical, comparative legal research methods that allow to consider the problem in a complex way.
On the basis of the theory of criminal-legal infliction the author provide theoretical and practical recommendations on the need to preserve in the criminal law socially dangerous acts against the life, health, interests of minors as crimes of minor gravity; the implementation of decriminalization of crimes with administrative prejudice, provided for in articles 1161 and 1511 of the Russian Criminal Code; expediency of recognition as a criminal offense of crimes against the person, the direct object of which is the honor, dignity of the person, constitutional rights of man and citizen.
criminal-legal infliction, object of criminal-legal protection, criminalization, decriminalization, criminal offense, crimes against the person, public danger.
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