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Общественная опасность в процессе уголовного правотворчества и правоприменения

Умнова Ю. В.

The article is dedicated to one of the most serious questions of the general part of criminal law, to understanding and valuating the material element of crime -social danger. The category of social danger refers to the poor developed categories of criminal law. The lawmaker does not establish criteria of determining if there is any social danger in a committed act. In judicial literature the approach of determining character, degree, concept and content of social danger is ambiguous. The author comes to a conclusion that social danger should be considered as normative and evaluative material element of a crime that has its own structure - the structure of social danger. That should be done in order to understand more thoroughly the concept and essential characteristic of social danger. All the elements of social danger structure must reflect the facts of social reality. Moreover in every particular case elements of social danger structure should be estimated as a particular system. In the author's opinion, the lack of necessary sings of social danger, as in case of law-making or guilt absence, leads to inability to acknowledge that act as a crime. In order to avoid penal mistakes it is necessary to consider the sign of social danger more pragmatic, paying it more attention in law-making along with penal evaluation act.