THE IMPORTANCE OF THE CAUSAL FOR THE SOLUTION OF PROBLEM ISSUES OF CRIMINAL LAW

Abstract

The article considers causality (causal approach) and its significance for solving criminal law issues. The emphasis on the causal approach is carried out at the methodological level of research that is the basic concepts of cause and condition, system, structure, etc. are considered. The author draws attention to the fact that in addition to the cause, which has legal criminal significance, it is necessary to consider such elements of the causal complex as conditions, reasons, incentives, circumstances that are necessary to clarify the mechanism of causing legal value. The author notes that if the cause and condition based on their importance in criminal law have the characteristics of «full» factors, the reason, incentive, circumstances can be considered and evaluated as subcausal factors. These subcausal factors are taken into account in criminal law indirectly and, as the author notes, are rather criminal proceedings. The article separately considers the possibility of using among the causal (causal) factors of psychological attitude; it is noted that in accordance with the approaches of the psychological school of Professor Uznadze, the installation is considered at the subconscious level and can’t be considered in the implementation of criminal law assessments. The article mentions a number of other problems related to the causal approach in resolving issues of legal, criminal and legal nature. In particular, attention is focused on the term «causal complex», the problem of the inverse effect of the consequence on the cause, the separation of «social» causality from «natural» and others. The author considers in the article the importance of conducting a causal analysis in the study of criminal law issues. It is noted that the methodological establishment of the criterion of the cause of the phenomenon (consequence) is also necessary in the case of ambiguous (several or more causes and consequences) causal relationships or complex causality. The author notes that the «vector» of the causal relationship is complicated given the previous aspects of the study.