THE ISSUE ABOUT DEFINITION OF SUBJECTIVE ELEMENTS OF A CRIME: HISTORICAL AND LEGAL AND PHILOSOPHICAL ASPECTS
In the article particularly subjective evidence of a crime are studied in the historical, legal and philosophical framework aspects. The author defines the essence of the subjective elements of a crime on the basiс knowledge of the dialectic of subject and object, subjective and objective evidence. The conclusion is that the criminal actions (inaction) of a person is a kind of system, which is based on objective and subjective, acting in unity, interrelation and interdependence. The author found that at the time of the introduction of Russian scientific literature of the German term «tatbestand» («the offense») in the German criminal law doctrine in parallel there were two differing theories of a crime. It was a theory based on the Kantian philosophy, and theory got its origin from the Hegelian philosophy. Thus, Hegel´s vision had the greatest influence on the development of the doctrine of corpus delicti in the domestic doctrine that Russian scientists usually interpreted in terms of the combination of subjective and objective evidence of a crime. In the article get the definition of the concept of «subjective elements of a crime». The author focuses attention to the importance of the corresponding description in the law of subjective elements of a crime regulatory definition of its objective evidence.