THE EVOLUTION OF STUDIES ON SOCIALLY DANGEROUS CONSEQUENCES IN THE NATIONAL DOCTRINE OF CRIMINAL

Abstract

This article is dedicated to the evolution of studies on socially dangerous consequences in the national doctrine of criminal law. Scientific views amongst forensic scholars on how to understand the nature of socially dangerous acts of crime on certain stages of the development of criminal law are subject of the present research. It is universally acknowledge that there were no scientific doctrines on the concept of socially dangerous consequences of crime until the XIX century. The dogmatic concepts about criminal consequences emerged only with the introduction of the definition of crime and distinguishment of its features, in particular the material one called “social danger”. Based on the inquiry into the establishment and development of studies on socially dangerous consequences of crime in the national doctrine of criminal law, four main stages in the development of scientific thought are distinguished: the first – so-termed “pre-revolutionary stage” of studies onconsequences of crime – was introduced with the publication of the first textbook on criminal law by O.I. Horegliad; the second stage of the development originates from the end of the October Revolution of 1917, from the period when the material concept of crime took place in legislation and had a determinative influence on the development of scholarly judgements about understanding of the consequences of crime; the third stage in the development of national idea as to the nature of socially dangerous consequences was marked by the forensic scholar A.N. Trainin, whose prominent works revived the development of studies on socially dangerous consequences of crime; the fourth stage is the modern Ukrainian criminal doctrine on how to perceive socially dangerous consequences of crime. This stage is characterized by lack of consistent approach and innovative work. The results of the research provide for better understanding of the nature of socially dangerous consequences, estimate their significance and foresee further development of the scientific thought on this issue.