The institution of complicity in a crime from the perspective of the categories of general, special and singular: some defects of legal regulation

Volume 6, Number 1, 2021, P. 6–15

[ JURIDICAL SCIENCES ]

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Abstract:

The article examines some of the defects of the criminal law institution of complicity from the point of view of the categories of general, particular and individual. The concept of a defect in legal regulation and approaches to this concept in the theory of law are analyzed. An overview of studies of defects in criminal law is given, it is concluded that another phenomenon is mainly analyzed — a mistake, the necessary attention is not paid to a defect in criminal law regulation. The regularities of the manifestation of the categories of general, special and individual in criminal law through the conceptual and terminological apparatus are determined, i.e. through the concepts of different levels of abstraction, as well as through the relationship and interaction of general and special norms of criminal law, through overcoming their competition. The necessity of studying the defects of criminal law regulation of liability for a crime committed with complicity is substantiated. The article identifies two fundamental defects in the criminal law regulation of complicity, which represent a discrepancy between the regulatory framework and the subject of legal regulation. Firstly, this is the lack of reflection in the criminal law of the manifestations of a plurality of persons adjacent to complicity on the side of the subject of the crime, which makes it difficult to distinguish complicity from them. Secondly, this is the discrepancy between the norms of the institution of complicity in the General Part of the Criminal Code of the Russian Federation and in the Special Part of the Criminal Code of the Russian Federation, expressed, in particular, in the appearance in the articles of the Special Part of the Criminal Code of the Russian Federation of forms of complicity that have no equivalent in Art. 35 of the Criminal Code of the Russian Federation. Variants of overcoming these defects are proposed.

Keywords:

dialectics of criminal law, categories of dialectics, categories of general, special and singular, defects of legal regulation, institution of complicity, involvement in a crime, forms of complicity

Author:

Egor A. Kulikov, Cand. Sci. (Juridical Sciences), Associate Professor of Criminal Law and Criminology Department, acting head of the department, Altai State University, Barnaul, Russia

Acknowledgments:

The article was prepared with the financial support of the Russian Foundation for Basic Research, scientific project No. 20-011-00121 «Theory of the general, special and singular in the criminal law of Russia: methodological, technical, legal and applied aspects».

For citation:

Kulikov E.A. (2021) The institute of complicity from the standpoint of the dialectics of the general, the particular and the individual: some defects of legal regulation // Sotsial’naya kompetentnost’ = Social Competence Social. Vol. 6. No. 1. P. 6–15. (In Russ.)

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