Content, legislative and technical aspects the principle of subjective imputation (guilt) in Russian criminal law

The purpose of this work is to substantiate scientific provisions concerning the substantive, legislative and technical aspects of the branch principles of criminal law — the principles of imputation and insanity related to the category of guilt and the General principle of legality. Methodology. The methodological basis of this research is the dialectical method of cognition in conjunction with instrumental methods of scientific search. Main results: 1) objective imputation manifests itself in an attempt to replace the subjective attitude of the subject to his conduct with an external (objectified) assessment, which is manifested in such categories as “dangerous state”, “social reproach”, “psychological defect”; 2) the principle of subjective imputation is not limited to the principle of guilt, but along with guilt includes the personal responsibility of the subject in the consequences of his behavior; 3) the principle of insanity is associated with the absence of guilt or failure to act culpably; 4) the principles of insanity and imputation in criminal law are basic and are based on the category of guilt, since the category of “guilt” serves as the basis for subjective imputation, and the absence of guilt or inability to act culpably is recognized as the basis of insanity. Conclusion: the elements of objective imputation that are present in criminal law regulations should be consistently excluded from the text of the criminal law.in this regard, the study of objective and subjective imputation is a promising direction that has theoretical and practical significance.