INACTION IN CRIMINAL LAW AND ITS TYPES: ANALYSIS AND PROPOSALS
Keywords:
crime, composition of crime, objective side of crime, criminal inaction, pure inaction, mixed inactionAbstract
The article widely uses logical, inductive, deductive, systematic, logical-legal, and comparative-legal research methods. In particular, first of all, the concept of inaction in criminal law and its objective and subjective criteria are described in detail. The scientific views and studies of scientists on a socially dangerous act committed in criminal law and the similarities and differences between them are described in detail. The presence of two types of criminal inaction as a form of socially dangerous act in criminal law, consisting of pure and mixed inaction, as well as the existence of problematic moments in the qualification of crimes committed in mixed inaction, is proved. A comparative analysis of the legal nature of mixed inaction as a type of socially dangerous inaction was also carried out, and its general and special features and problematic aspects were also identified and consistently described. In criminal law, mixed inaction consists of a socially dangerous act consisting of a combination of specific actions and inactions, and its criminal legal aspects are revealed. This article focuses on socially dangerous inaction, both instrumentally and comparatively, and analyzes its criteria and features. The main conditions of this sign are determined, and their theoretical and practical solutions are established and found. At the same time, the doctrine of criminal law and existing scientific research were analyzed, and reasonable theoretical proposals and recommendations were developed in this regard.