К вопросу о теории криминализации деяний

The article describes the mechanism for making decisions on the criminalization of acts. The basis for the criminalization of an act is its social danger, an analysis of the understanding of which by different authors is presented in the article. It is noted that recognition of an act as socially dangerous in itself is not sufficient to recognize the act as criminal. It is necessary to assess the conditions of criminalization: the impossibility of ensuring the required level of protection of the object from certain attacks by other measures, the prevalence of the positive consequences of criminalization over the negative, compliance with the limits of permissible state intervention in the personal sphere. The prevalence of such acts acts as a factor in resolving the issue of a specific method of implementing the signs of a criminalized act in the text of the criminal law. The fundamental principles of criminalization are systemicity and validity. With references to accompanying documents of a number of bills, it is shown that legislative decisions do not always receive proper justification.