THE ROLE AND PLACE OF THE SUBJECT OF THE CRIME IN THE OBJECTIVE SIGNS OF THE COMPOSITION OF THE CRIME

Abstract

The article paid attention to the role and place of the subject of a crime in objective signs of the crime. The discussion of scientists regarding the interconnection of the subject and object of a crime, as well as the ratio of concepts of crime and object of criminal law, is analyzed. It is proved that the subject and object of the crime are different in its legal nature and essence, and have a different criminal-law. The influence of the subject of a crime through the prism of changing social relations is investigated. The subject of a crime can be destroyed, damaged, or lose their certain properties or value and vice versa, when committing a crime it remains unchanged. Certain action can not exist isolated by itself. It belongs to the owner and carries out its direct purpose or performs some function, and therefore there are relevant social relations. The general methodological basis of the ratio of the subject and the object of the crime is the dialectic of the essence and phenomenon. It is proved that in itself, the subject of a crime can not exist, and may only remain as a material or intangible thing. The possibility of determining the subject of a crime with a collection of parties and the properties of social relations is analyzed. The interconnection of the subject of a crime with the objective side of the crime is clarified. It is proved that the subject is determined by the choice of the method and tools of affecting the crime. However, not all ways of influencing the crime are determined by criminal, but only those that threaten and cause an object of essential harm.