Open AccessCAUSE COMMUNICATION AT INACTIVITY IN CRIMINAL LAW
Author(s) -
Р.А. Бигишиев
Publication year - 2020
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2020)1.1
Subject(s) - culpability , causation , causality (physics) , criminal law , variety (cybernetics) , attribution , law , law and economics , criminology , political science , psychology , sociology , social psychology , computer science , physics , quantum mechanics , artificial intelligence
The problems of causation and inaction are considered among the most controversial and difficult incriminal law. In the science of criminal law, there are different points of view on the actual nature of inactionand causation, as well as a variety of views on the causality of inaction. Despite the fact that the numberof compositions that take into account the responsibility for the consequences that have been caused byinaction has limits, the solution of the problem of its causality seems not only theoretically but also practicallysignificant. Determining the causal relationship between the act and socially dangerous consequences makesit possible to address the question of wrongfulness and culpability of the act, namely, is the basis of criminalliability in crimes with material composition.The article investigates the problem of the causative capacity of inaction in criminal law and proves thepossibility of causing immaterial and material socially.