The Objects and Subjects of Criminal Defense as the Categories of criminal Law Philosophy

Abstract

The article refers to the issues of criminal law philosophy and from this point of view the tra-ditional dogmatic of criminal law which does not recognize the idea of legal relations due to reasonable action is criticized. From the same point of view the traditional conception of the Russian criminal dogmatic, according to which criminal law as though regulates the relation originated due to committing a crime, is criticized. The traditional concepts of “the object of a crime” and “the subject of a crime” are elaborated from this position as well. Really, in contrary, by committing a crime the person who commits a crime is fallen outside the framework of criminal law due to which “a crime” is not the subject of regulation of criminal law anymore. The article emphasizes that in the result of practical enactment of criminal law, legal relations are originated due to reasonable action. From this aspect, instead of the fake concept of “the subject of a crime”, the concept of “the subject of criminal law” is shaped as the last one, by its reasonable action, transfers the requirement of a norm of law to law and order. Consequently, the subject of law by its reasonable action, defends the object from criminal encroachment, which is defended from the criminal encroachment under the law of criminal law. Hence, “the object of a crime” does not exist, but “the object of criminal defense” which outmarchs com-mitting a crime. “The objects of criminal defense (for example, life of a human, health, property, etc) and subjects (for example a citizen, worker, medical worker, etc) are on the one hand the elements of criminal relations due to reasonable action and on the other hand, create the system of the private part of criminal law.