The ratio of the subject of the offense and the victim from the position of the general theory of law

• Published in: Юридические исследования no. 6; pp. 35 - 42
• Main Author: Starodubova, Lyudmila Valerievna
• Format: Journal Article
• Language: English
• Published: 01.06.2021
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2021.6.35823

The correlation of such concepts as "the subject of an offense" (crime) and "victim" in the framework of the general theory of law is investigated. Modern legal literature has enough studies of the relationship between the object of the offense and the victim, however, without paying enough attention to the subject of illegal encroachment, although it is the question of the relationship of the victim with him that is one of the most controversial and ambiguous in the theory of offense. Moreover, the vast majority of theorists writing about the subject of the offense and the offense as a whole conduct their research within the framework of branch legal sciences, primarily within the sciences of criminal and administrative law. Nevertheless, the general theory of state and law should be the fundamental, methodological science that dictates its own view of concepts and ideas, perceived in the future by branch sciences. В В В  According to the results of the study, the author comes to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from his point of view, cannot act as either the object of a legal relationship or its subject. Through the illegal encroachment of the offender on the victim, they cause harm to the public attitude under the protection of the law as a whole.In the question of the relationship between the subject of the offense and the victim, we came to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from our point of view, cannot act as either an object of a legal relationship or his subject.