The purpose as an optional (special) feature of the composition of the crime

The paper addresses certain features of the goal as an optional (special) attribute of the composition of a crime. The authors note that the level of social danger of crimes committed with a specific goal is significantly higher compared to other offenses, which underscores the importance of this attribute. The purpose of the study is to examine this attribute of criminal encroachment, its role in the mechanism of criminal law regulation, and its influence on the qualification of socially dangerous acts. The authors analyze the legal nature of this category, its dual nature, and its relationship with motive. The paper discusses doctrinal approaches to defining the concept of “goal of a crime,” tracing its evolution from the pre-revolutionary to the modern period. Particular attention is paid to the functional role of the goal, which manifests itself in the compositional, delineating, qualifying, and individualizing functions. The study examines issues of classification of goals (in particular, into base desires and those devoid of base content), their connection to the form of culpability (direct and indirect intent), as well as the problematic competition and differentiation between mercenary motive and mercenary goal. The authors employ general scientific methods of cognition: analysis and synthesis, comparison, classification, etc. In addition, special methods are used: formal-logical, comparative-legal, the method of systemic analysis of legal norms and doctrinal provisions, as well as the method of interpretation (explanation) of legal concepts. The scientific novelty of the research lies in the systemic analysis of the goal of a crime as an independent legally significant attribute in the structure of socially dangerous encroachment. As a result of the conducted study, the authors draw several conclusions. In particular, it is established that the goal of a crime appears as a part, an attribute of the subjective side of the crime, specifying the features of a conscious mental image of the desired future outcome, which, in turn, predetermines the content of the actions (or inactions) committed by the offender. It is determined that the goal should be viewed not as a cognitive result but as an intention, that is, the person's desire to achieve a particular result. Furthermore, the classification of crime goals is discussed, the functions of this attribute are identified, as well as its criminal law significance. The question of the possibility of having a goal in crimes committed with indirect intent is analyzed. The competition between mercenary motive and mercenary goal of the crime is established.

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Publication Details

Journal
Право и политика
Published
2025-12-01
DOI
https://doi.org/10.7256/2454-0706.2025.12.77104
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
0.00
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article

The purpose as an optional (special) feature of the composition of the crime

Ilya N. Ulitin, Leonid A. Prokhorov
Право и политика
War, Law, and Justice
article

The purpose as an optional (special) feature of the composition of the crime

Ilya N. Ulitin, Leonid A. Prokhorov
article en

Abstract

The paper addresses certain features of the goal as an optional (special) attribute of the composition of a crime. The authors note that the level of social danger of crimes committed with a specific goal is significantly higher compared to other offenses, which underscores the importance of this attribute. The purpose of the study is to examine this attribute of criminal encroachment, its role in the mechanism of criminal law regulation, and its influence on the qualification of socially dangerous acts. The authors analyze the legal nature of this category, its dual nature, and its relationship with motive. The paper discusses doctrinal approaches to defining the concept of “goal of a crime,” tracing its evolution from the pre-revolutionary to the modern period. Particular attention is paid to the functional role of the goal, which manifests itself in the compositional, delineating, qualifying, and individualizing functions. The study examines issues of classification of goals (in particular, into base desires and those devoid of base content), their connection to the form of culpability (direct and indirect intent), as well as the problematic competition and differentiation between mercenary motive and mercenary goal. The authors employ general scientific methods of cognition: analysis and synthesis, comparison, classification, etc. In addition, special methods are used: formal-logical, comparative-legal, the method of systemic analysis of legal norms and doctrinal provisions, as well as the method of interpretation (explanation) of legal concepts. The scientific novelty of the research lies in the systemic analysis of the goal of a crime as an independent legally significant attribute in the structure of socially dangerous encroachment. As a result of the conducted study, the authors draw several conclusions. In particular, it is established that the goal of a crime appears as a part, an attribute of the subjective side of the crime, specifying the features of a conscious mental image of the desired future outcome, which, in turn, predetermines the content of the actions (or inactions) committed by the offender. It is determined that the goal should be viewed not as a cognitive result but as an intention, that is, the person's desire to achieve a particular result. Furthermore, the classification of crime goals is discussed, the functions of this attribute are identified, as well as its criminal law significance. The question of the possibility of having a goal in crimes committed with indirect intent is analyzed. The competition between mercenary motive and mercenary goal of the crime is established.

Право и политика(12)
Kuban State University (RU)
Openalex Percentile: Top 57%
War, Law, and Justice
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