Значение социального статуса и роли личности для характеристики общественной опасности деяния и констатации ее опасного состояния по нормам УК РФ 1996 года
in a number of crimes, the subject has additional features, the content of which is formed by its status and role position. The criminal-legal significance of these signs is related to their influence on the public danger of the perpetrator and, consequently, the entire act as a whole. At the same time, the establishment of responsibility for occupying the highest position in the criminal hierarchy raises the question of the normative actualization of the theory of the dangerous state of the individual, the indicator of which in this case is its status-role position.
Keywords: social status and role, social danger, special subject of crime, dangerous state of the individual, the highest position in the criminal hierarchy.
Analysis of the current criminal law allows us to conclude the existence of relationships between the status-role characteristics of the subject of crime outlined in the criminal law, and the content of its sanctions, reflecting legislative assessment of the degree of social danger of the act and a statesman. Taking into account the historical variability of the law and the criminal law, the appeal to the texts of the editions of the Russian Pravda, Novgorod and Pskov judicial letters shows that the legislator really attached criminal and legal importance to the social situation of not only the guilty person, but also the victim, establishing different severity of punishment. However, it is the legislation of this historical period that for the first time establishes stricter requirements for the official behavior of senior officials, which indicates that the legislator is aware of the increased public danger of crimes committed by them.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/