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The Theory of Corpus Delicti in Russian Criminal Law

Student: Rakhimov Zhambul

Supervisor: Alexey Lyaskalo

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

ANNOTATION at the final qualification work Topic: THE THEORY OF CORPUS DELICTI IN RUSSIAN CRIMINAL LAW Russian criminal law, will make it possible to clarify the conflicting views in the modern legal literature regarding the essence of the corpus delicti and the significance of establishing the corpus delicti, and based on the results of the analysis of criminal law norms, taking into account the changes and additions of the Criminal Code of the Russian Federation that took place in 1997-2020, judicial practice, it seems possible to highlight the features of the transformation of the perception of certain elements and signs of corpus delicti over time. The purpose of the work is to analyze the genesis and real state of the theory of corpus delicti in Russian criminal law. Research objectives: 1) to investigate the history of the corpus delicti in criminal law; 2) to reveal the concept and essence of the corpus delicti in criminal law; 3) identify the significance of establishing the corpus delicti in criminal law; 4) analyze the objective and subjective elements of the corpus delicti; 5) to divide the elements of crimes in the Russian criminal law into types; 6) to investigate the types of elements of crimes depending on the functional role of the consequences and the moment of the end, as well as other types of elements of crimes. The theoretical and practical significance of the study lies in the analysis and rethinking of the controversial provisions of the theory of criminal law concerning the essence of the corpus delicti and the importance of establishing the corpus delicti. On the basis of a study of the approaches of various authors, the concept of corpus delicti was clarified. The features of the corpus delicti, depending on their designs and taking into account their structure, are considered. The necessity of constructing the corpus delicti by the legislator, taking into account the types of corpus delicti for the completeness of the corpus delicti and the absence of gaps, first of all, when describing the objective and subjective side of the crime, has been substantiated. In this case, the corpus delicti must be optimal (include all the necessary and not contain unnecessary signs), which requires consistent regulation of the object, the objective side, the definition of the subject and the fixation of the signs of the subjective side of the crime. A number of recommendations for improving the norms of the Criminal Code of the Russian Federation have been developed. The structure of the work is determined by the goal and objectives of the study, includes an introduction, three chapters containing seven paragraphs, a conclusion and a list of references.

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