Non-crime postcriminal behavior, Predisposing subject
( Pp. 43-49)

The idea of protecting the right in the Criminal Code was laid down by the legislator from the beginning. All subsequent development of the criminal legislation indicates the clarification and addition of the relevant norms, which ultimately led to an increase in their number. This publication is devoted to a systematic analysis of norms aimed at protecting criminal law from the deviant behavior of a person who has already committed a crime. Such behavior is expressed in the non-criminal violation of the procedure of criminal legal influence on the perpetrators of crimes (evasion of serving certain types of criminal punishment, violation of the conditions for deferment of execution of punishment, conditional conviction, failure to fulfill the duties of persons released from criminal liability with application of criminal measures Legal nature). The criminal-legal effect of such negative behavior is the deterioration of the position of the person who committed it, which is considered as a measure of protection of criminal law. The following scientific goals were set by the authors: from the Common Part system to isolate the norms defining the signs of the deviant behavior of the person involved in the criminal prosecution and establishing legal consequences for that person; Identify common signs of deviant behavior; Formulate a definition of understanding such behavior; Make a distinction, classify the forms of behavior. In a problematic manner, questions are raised about the legal nature of such deviant behavior, questions are raised about the tasks, objectives and functions of criminal law aimed at protecting the enforcement of law enforcement acts that implement criminal law. In the process of research, special literature on the theory of law, the theory of criminal law was studied; Statistical data on the condition of criminality of conditionally convicted persons were used as an empirical basis. The methodological basis of the study is the dialectical method of cognition. Together with it general scientific (comparisons, generalizations, analysis and synthesis) and private scientific (formal-legal, logical, comparative-legal, empirical and systemic) were also applied. The result of the study is the formation of a generalized name of persons who do not appear to be a crime, postponing their legal status. As the general title of the behavior, the notion of "a crime that is not a crime postcriminal behavior, encroaching on the order of execution of criminal law measures, entailing deterioration of the position of the guilty person" was formulated. In conclusion, the authors come to the conclusion that it is advisable to construct a behavior of this kind in the form of an independent legal structure; Proposed its design and description of the characteristics that make up its elements.

Anoshchenkova S.V., Orekhov N.D., (2017), NON-CRIME POSTCRIMINAL BEHAVIOR, PREDISPOSING SUBJECT. Gaps in Russian Legislation, 6 => 43-49.

Ageeva O.N., Anoshchenkova S.V., Petrikova S.V., Pomnina S.N. Sostoyanie prestupnosti uslovno osuzhdennykh: federal nyy i regional nyy aspekty //Vserossiyskiy kriminologicheskiy zhurnal. 2016. - № 4. - S. 682-700.
Alekseev S.S. Obshchaya teoriya prava: ucheb. - 2-e izd., pererab. i dop. - M.: TK Velbi, Izd-vo Prospekt, 2008. - 576 s.
Krylova N.E. Osnovnye cherty novogo ugolovnogo kodeksa Frantsii. M.: SPARK, 1996. -124 s.
Kurs ugolovnogo prava. Obshchaya chast . Tom. 1: Uchenie o prestuplenii. Uchebnik dlya vuzov. Pod red. N.F. Kuznetsovoy, I.M. Tyazhkovoy. M.: IKD Zertsalo-M , 2002. - 624 s.
Ugolovnoe pravo. Obshchaya chast . Prestuplenie. Akademicheskiy kurs. V 10 t. T. II / pod red. N.A. Lopashenko. - M.: YUrlitinform, 2016. - 656 s.
Filimonov V.D. Okhranitel naya funktsiya ugolovnogo prava. SPb.: YUridicheskiy tsentr Press, 2003. - 198 s.

crime, postrestore non-criminal behavior, deterioration of the subject, criminal liability, punishment, enforcement of rules, protections of criminal law, order violation of criminal and legal impact.