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Уголовно значимые правовые состояния специального субъекта преступления: нормативная проекция опасного состояния личности или ее общественной опасности?
Some of the attributes of a special subject of a crime in the Special Part of the Criminal Code are rendered as continuing states, mandatory for the qualification of a crime. The legal nature of such attributes can be studied by referring to the concept of legal states developed within the general theory of law. Today, its proponents recognize legal states as independent types of legal facts acting as a normative projection of people’s socially significant states. The Special Part of the current Criminal Code uses some of the corresponding attributes to criminalize acts, for example, the somatic state or intoxication of the liable person, while other attributes are used to differentiate liability, for example, affective states, conviction for a previously committed specific crime, administrative punishment. Each of these states reflects the specific personal characteristics of the liable party at the time of the crime. These characteristics either act as a condition for the crime commission or indicate an increased social danger of the liable person. This kind of understanding risks being criticized from the standpoint of the theory of a dangerous condition of a person, which is unambiguously associated in science with the possibility of bringing to criminal responsibility in connection with the characteristics of the actor, not in relation to a committed act. At the same time, the original sources show two directions within the theory – radical and moderate, with the latter underlying a modern theory of a person’s social danger. The identified genetic relationship between a dangerous state and social danger of a person is taken into account to explain the criminogenic nature of criminally significant features-states of a special subject of a crime.