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Уголовно значимые правовые состояния как специальные признаки субъекта преступления
The highly dynamic nature of criminal lawmaking may cause the need to rethink traditional criminal law institutions. In particular, the trend of specialization of criminal law observed in recent years causes an increase in research interest in the figure of a special subject of crime, the signs of which the legislator often uses in order to differentiate responsibility. An alternative to the approach to its definition that has developed in the doctrine is the consideration of the institution through the involvement of the status-role theory, behind the epistemological possibilities of which, nevertheless, there remain a number of signs characterizing the subject of the act as a special one. The essence of these signs is represented by one or another criminogenic state of the individual that takes place at the time of the commission of the crime and is in connection with it, which is reflected by the legislator, who gives such states the criminal-legal significance of the sign of the corpus delicti. At the same time, some of the states are a normative projection of real social properties of a person (for example, psychophysiological states of affect, intoxication), while others exist only in the legal plane (for example, a criminal record, administrative punishment or being brought to administrative responsibility). The state of the subject in this case is a condition for bringing to criminal responsibility, and the basis is the committed act containing the elements of the corpus delicti, including special features of the subject. The appeal to the theory of legal states as a subject of discussion within the framework of the general theory of law makes it possible to identify the essential characteristics of these signs, and the expediency of highlighting them in criminal law is associated, first of all, with the need for a social justification of the current legislation in the relevant part, as well as the creation of a methodological basis for the study of the mechanism of criminal behavior and the determination of the latter.