Legal meaning of the «age» category in criminal law
( Pp. 347-350)

More about authors
Abidov Ruslan Rizuanovich Police Major, senior lecturer at the Department of Fire Training
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
According to the author, differentiation of criminal responsibility is one of the priority directions of criminal policy of any state. It is the feature characterizing an individual that is one of the grounds taken by the legislator as differentiating. Age as an inseparable attribute in criminal law plays a huge role. This fact is natural - it is impossible to recognize any sane natural person as a subject of crime. This person must correspond to the age from which it is possible to bring criminal proceedings. The basis for determining age is the level of consciousness, the ability of a person to be aware of what is happening and to act sensibly in accordance with it. A human being cannot immediately after his birth understand all the actions and deeds being performed, let alone the consequences of his actions. This ability does not appear instantly; it develops during life and is formed when a person reaches a certain age. However, this does not happen for everyone. Article 20 of the Criminal Code of the Russian Federation (hereinafter referred to as the Russian Criminal Code) states that a person who has reached the age of sixteen at the time of committing the crime will be subject to criminal liability. Part 2 of the same article specifies the list of crimes for which a person can be held liable from the age of fourteen. This highlights the problem of sanity. A person may be held criminally liable if he or she has not only reached a certain age, but also his or her mental capacity corresponds to that age.
How to Cite:
Abidov R.R., (2020), LEGAL MEANING OF THE «AGE» CATEGORY IN CRIMINAL LAW. Gaps in Russian Legislation, 4 => 347-350.
Reference list:
O vnesenii izmeneniy v Ugolovnyy kodeks Rossiyskoy Federatsii: federal nyy zakon ot 27 iyulya 2009 g. № 215-FZ // Dostup iz SPS Konsul tant Plyus .
Aleshin, N.I. Ugolovnaya otvetstvennost nesovershennoletnikh v Rossiyskoy Federatsii /N.I. Aleshin, E.S. SHuba // Sbornik trudov konferentsii Aktual nye problemy upravleniya i prava v XXI veke: teoriya i praktika . - M., 2016. S. 44-47.
Kruglikov, L.L. Ponyatie, osnovaniya i vidy differentsiatsii otvetstvennosti za prestupleniya i inye pravonarusheniya /L.L. Kruglikov // Lex russica. - 2014. - № 3. - S. 305-313.
Rossiyskoe ugolovnoe pravo: Obshchaya chast . Kurs lektsiy: V 2-kh tomakh. T. 1 / Naumov A.V. - 4-e izd., pererab. i dop. - M.: YUrid. lit., 2008. 496 s.
Lapshin, V.F. Sotsial naya priroda osnovaniy differentsiatsii otvetstvennosti /V.F. Lapshin. Vestnik akademii General noy prokuratury Rossiyskoy Federatsii. 2009. № 14. S. 13-14
Nazarenko, G.V. Otstavanie v psikhicheskom razvitii kak osnovanie, isklyuchayushchee otvetstvennost litsa, dostigshego vozrasta ugolovnoy otvetstvennosti G.V. Nazarenko. Izvestiya YUgo-zapadnogo gosudarstvennogo universiteta (Kursk). 2016. № 1(64). S. 157.
Keywords:
age, responsibility, subject, of criminal liability, the level of consciousness.


Related Articles

1. SCIENTIFIC REVOLUTIONS Pages: 14-16 Issue №11007
UNDERSTANDING OF RATIO OF SCIENCE AND SOCIETY E. AGATSCI
activities knowledge ideology cognitive the context
Show more
7. Criminal procedure Pages: 135-138 Issue №11481
YOU WERE FILMED BY THE BUILT-IN CAMERA
negligence medical error responsibility
Show more
12. OTHER Pages: 164-169 Issue №2490
The rule of law in the units of internal affairs bodies and their regulation
administrative security office citizen discipline
Show more
7. Criminal law, Criminal enforcement law, Criminology Pages: 177-181 Issue №4088
THE IDENTITY OF THE CRIMINAL AS ONE OF CRIMINOLOGICAL SIGNIFICANT CHARACTERISTICS IN THREAT OF MURDER OR CAUSING HEAVY HARM TO HEALTH
personality criminal male woman the threat
Show more
13. LAND LAW; NATURAL RESOURCE LAW; ENVIRONMENTAL LAW; AGRARIAN LAW 12.00.06 Pages: 280-284 Issue №19146
SOME THEORETICAL ISSUES OF ENVIRONMENTAL INSURANCE IN THE RUSSIAN FEDERATION
insurance risk environment environmental legal relationship
Show more
10. Financial law; Tax law; Budgetary law Pages: 196-200 Issue №12273
ON THE BASIS OF ASSESSMENT AND RATE FOR THE SOLID WASTE SECTOR
recalculation fee solid waste the contractor time
Show more
11. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Pages: 160-161 Issue №11076
FEATURES OF RESPONSIBILITY OF THE BUILDER TO THE INVESTOR-CITIZEN
the contract of share participation in construction the developer holders responsibility damages
Show more
SPECIALTY 12.00.03 Pages: 177-179 Issue №14694
ISSUES OF UNIFICATION OF THE CONCEPTUAL LEGISLATION OF THE CONCEPTUAL LEGISLATION
corporation cooperative cooperative member cooperative property property rights
Show more
5. Philosophical sciences, Social science Political science Pages: 134-139 Issue №2418
«SLANDER»: PROBLEMS OF LAW-ENFORCEMENT PRACTICE
dignity false information slander punishment law enforcement practice
Show more
6. CRIMINAL LAW, CRIMINAL ENFORCEMENT LAW, V.P. REVIN"S SCIENTIFIC SCHOOL Pages: 131-135 Issue №2615
CRIMINAL POLICY OF LEGAL REGULATION AND COUNTERACTION OF THE ORGANIZATION OF ILLEGAL MIGRATION
analysis security citizenship legislation migration
Show more