THE AFFECT OF PREGNANCY AS A CIRCUMSTANCE EXCLUDING CRIMINAL LIABILITY: REFLECTION OF F. M. DOSTOEVSKY'S IDEA OF «THE KORNILOVA CASE»

The purpose of the article is to study the so-called affect of pregnancy, which, according to the authors, can serve as a basis for excluding criminal liability. The article examines the legal nature of the affect of pregnancy as a criminal legal concept, analyzes the possibility of mental disorders in pregnant women, and the impact of such a condition on human behavior. A high-profile criminal case from Russian history, which was made public by Fyodor Mikhailovich Dostoevsky, is being considered as a practical retrospective case. In his work, the famous Russian writer examines the totality of factors taken into account by the court when making a specific court decision. Based on the studied literature and the work of Fyodor Mikhailovich and taking into account the described precedent, the authors propose to implement pregnancy of a person into criminal legislation as a circumstance excluding criminality of the act, and provide a possible list of conditions under which such an exception is possible when committing certain crimes.