Criminal Law Theory Research Articles

Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries

The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. The basic provisions, norms and differences of legal regulation of the application of coercive measures of medical nature in the legislation of certain foreign countries have been established. The implementation of international legal acts into national criminal, criminal procedural and other legislation has been analyzed. Based on the results of the research, the author has formulated a number of propositions and recommendations for the introduction into the legislative technique of Ukraine. Besides, the author has studied national theoretical issues of criminal law and criminal proceedings, as well as applied issues in this area of the research within law-enforcement activities of pre-trial investigation and inquiry agencies, prosecutor’s office and, in particular, procedural commissioners of pre-trial investigation. The scientific views of individual scholars and representatives of scientific schools on the researched issues have been also considered, and the relevant author’s opinions have been expressed. The author has characterized joint law-enforcement activities, problematic issues of law enforcement agencies and psychiatric medical institutions during the pre-trial investigation of criminal proceedings of this category, problematic issues and the existing system for providing psychiatric care to insane persons, as well as certain areas of cooperation in criminal and judicial proceedings. According to the results of the study, the author has suggested a number of propositions and recommendations for improving the theory of criminal law and criminal proceedings, law-enforcement activity and current criminal and criminal procedural legislation of Ukraine.

Selected aspects of social danger of crime theory

The question of social danger, its criteria and structure, is literally central in the doctrine of crime. There are tens, if not hundreds, of works devoted to this topic. Despite this, social danger still remains one of the most controversial areas of criminal law theory, and an underexamined field of study.
 The conclusion about the danger of a crime is the result of legislative consideration of many factors, which only provide a basis for criminalization. It should be obvious that each of these components can and should be independently assessed for public danger. Only in their totality can an act and its consequences be integrated into a general conclusion about the danger of a crime bia separate assessments of the danger of an individual. Among these factors, an act as a consciously volitional unlawful behavior of a person plays a special role. The act and its danger are an independent subject of assessment by the legislator and law enforcement body; the assessment of the danger of the act and the assessment of the danger of the crime are different types of assessment practice.

Theft as damage and unlawful exemption —doctrinal and enforcement problems

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

What is criminal law suitable for?

In the 21st century, the world will face new types of threats, which are often treated by states with criminalisation as a primary tool, as criminal law provides the opportunity for the most intrusive public intervention. However, in our view, the prevention theory of criminal law based on traditional retaliation and deterrence is less appropriate to protection of society against certain modern dangers, like terrorism or organised crime. According to our assumption, the protection and maintenance of public order and public security as a state task, which can be ensured only, if the state does not intend to achieve the goals of general prevention by exemplary punishment of perpetrators of crimes committed, only if it is able to prevent future dangerous acts. The state needs tools and legal authorization to guarantee the security of its citizens. In our study, after reviewing the nature and development of criminal policy, we present a criminal policy guideline that is of paramount importance in our view: the requirement of criminal law as ultima ratio. Our main aim is to draw attention to the potential of non-criminal means of social management, the application of which can be more effective than criminal law for ensuring the protection of society against certain phenomena, which cannot be dealt effectively with criminal law. Arrived: 15 August 2020Accepted: 8 October 2020

Ludwig Heinrich v. Jakob und der „Criminal-Codex für das Russische Reich“ von 1813

The first modern draft of a Russian criminal code, the so-called “Criminal Codes for the Russian Empire” of 1813, was written by German philosopher, political scientist and economist Ludwig Heinrich v. Jakob (1759-1827), who was a member of Imperial Legislative Commission. This article sheds light on v. Jakob’s biography, the historical context, the drafting of the Russian Empire’s Criminal Codex, and its publication in Germany. It further outlines Jakob’s theory of criminal law. The article concludes that v. Jakob, who was inspired by Kant, Smith und Feuerbach, has made a groundbreaking contribution to the modern codification of criminal law in the Russian Empire.

Характеристика змісту окремих ознак воєнного стану як обставини, що обтяжує відповідальність за військові злочини

The article examines the issues of qualification of military crimes committed under martial law as an aggravating circumstance. A correct understanding of the content of this circumstance contributes to the error-free application of the law on criminal liability for the commission of the corresponding military crime, in particular when deciding on the appointment of a more severe punishment. It was determined that martial law is characterized by: the place of its introduction (1), the basis for the introduction (2), the duration of the action (3) and the legal content, which is divided into basic and additional measures (4). The content of such components of this circumstance as the place and time of introduction has been investigated.Some problematic issues of the application of the norms of the law on criminal liability are identified, which are associated with an incomplete definition of the content of «terrain» as a component of the sign of martial law. It is proposed that the place of introduction of martial law is to consider the territory of administrative-territorial units (regions, districts), as well as individual settlements, parts of regions and districts, stripes of a certain width along the state border or geographical objects, the location of individual objects of the national economy and objects that provided livelihoods of the population. Attention is also drawn to the peculiarities of qualification of certain continuing military crimes, which are associated with their commission during time periods with different legal significance.It was proposed to revise some provisions of the current legislation and to specify the content of the signs of martial law. It also touches upon issues that can become the subject of scientific research in the theory of criminal law.

Features of criminal liability of persons with mental anomalies: foreign experience

Annotation: Despite the rather large number of works devoted to the study of the characteristic features of mental anomalies, which do not exclude criminal prosecution, the peculiarities of criminal prosecution of such persons, a number of insufficiently solved problems remain. In the criminal law of a number of countries, the liability of persons with mental anomalies has long been regulated within the institution of limited sanity. And in this aspect, the study of foreign experience in the legislative regulation of this institution is necessary. The purpose of the study is to study the rules of foreign criminal law, which determine the features of criminal liability of persons with mental anomalies, and compare them with the relevant rules of criminal law of Ukraine. Among the countries whose criminal law provides for limited sanity for persons with mental anomalies, there are two conditional approaches to the criminal liability of persons with mental anomalies (mental disorders) in accordance with the legal family: England-American and Romano-Germanic. In the vast majority of countries of the Romano-Germanic legal family, whose criminal law defines the specifics of the responsibility of persons with mental anomalies (limited sanity), criteria such as medical (mental anomaly or disorder) and psychological (lack of awareness and / or control of their actions). The criminal law of the England-American legal family does not have a clear definition of the concept, criteria and consequences of the state of limited sanity in the subject of the crime. The criminal legislation of Ukraine on determining the features of criminal liability of persons with mental anomalies in the form of their legislative definition corresponds to the legislation of the Romano-Germanic legal family. The legal criterion of limited sanity, which is defined in the theory of criminal law, should be called psychological, because it is an intellectual-volitional manifestation of behaviour, not legal. It may be legal to establish a medical and psychological criterion of limited sanity in the relevant norm with an emphasis on the criminal consequences that will have a mental anomaly on the criminal liability of such an entity.

О некоторых аспектах применения условно-досрочного освобождения от отбывания наказания

Abstract. The article is devoted to the current legislation, which provides for the need for a combination of formal and material grounds for the application of the institution of parole from punishment. However, neither in the theory of criminal law, nor in law enforcement practice, clear criteria have been developed to establish their presence or absence in a particular case. The author of the article makes an attempt of criminal law analysis of the main formal and material grounds for parole, based on materials reflecting modern law enforcement activities. Key words: convict, parole, correction, compensation for damage, punishment.

Aquinas, Punishment, and the Common Good

If you’re inclined to look to history for insight into what good reasons (if any) a state has to punish someone subject to its authority, to whom do you look? Kant and Bentham? Usually. Hobbes and Hegel? Sometimes. Foucault? For some. Thomas Aquinas? Not so much. A handful of Aquinas scholars have helpfully pulled together Aquinas’s ideas on punishment, but as far as I can tell, criminal law theorists haven’t paid much attention. This neglect is regrettable. Not only are Aquinas’s thoughts interesting in their own right, but they anticipate (by several centuries) contemporary (post-1959) arguments in favor of believing that punishment is, or is somehow necessary to achieve, an intrinsic good. I believe they also provide a way to re-interpret those arguments, or see them in a different light, perhaps in a way that will make them more persuasive to skeptics, though I doubt any minds will be changed.

FREEDOM OF CONSCIENCE AND FREEDOM OF RELIGION AS AN OBJECT OF CRIMINAL LAW PROTECTION

The article examines the features of the concepts of “freedom of conscience” and “freedom of religion” as objects of criminal law protection in criminal offenses related to the realization of the religious needs of the individual. It is stated that there are two terms in legal use that can act as public relations that constitute the object of criminal law protection in criminal offenses related to the implementation of a person's religious needs (religiously motivated) – these are “freedom of conscience (worldview)” and “freedom religion”. Freedom of conscience is a natural right to free self-determination of an individual in the philosophical, political, moral-ethical, aesthetic and other spheres of life, as well as the possibility of an unhindered choice of worldview both for one's own self-determination and self-affirmation. Freedom of conscience (worldview) is based on the recognition of human dignity, respect for his spiritual sovereignty, free worldview and spiritual choice. After all, freedom of conscience includes all the variety of forms of systems of worldview orientation, worldview freedoms, and freedom of religion should be considered as an integral part of freedom of conscience (worldview). However, at the same time, freedom of conscience (worldview) is a rather generalized, philosophical, ethical concept, poorly adapted for use in law enforcement practice. From the point of view of the possibility of using this concept in criminal law theory and practice, freedom of religion is a legislative guaranteed right of an individual freely, without external coercion to choose, profess any religion, freely change his religious preferences, satisfy his religious needs, and carry out other cult actions in accordance with their religious orientation. Freedom of religion gives the right not only to choose any religion, but also not to choose any. That is, the right to choose also presupposes the right to refuse a choice. Obstruction of the implementation of the above needs, including those religiously motivated, constitutes the essence of the public danger of such a criminal offense as that provided for by Article 161 of the Criminal Code of Ukraine.

DEFINITION OF SUBJECTS OF CRIMINAL-EXECUTIVE POLICY OF UKRAINE

The article is devoted to the definition of subjects of criminal executive policy of Ukraine. The article presents the views and positions of leading domestic scientists on this issue. The article focuses on the importance of the subjective component of the national penitentiary policy of Ukraine. Theoretical concepts for determining the subjects of this type of domestic policy are analyzed. In particular, the positions of domestic scholars on the delineation of the subjects of penitentiary policy, which are entrusted with the function of forming this policy. The various scientific positions concerning definition of the qualitative and quantitative list of the specified subjects are considered. The views of scientists on determining the list of actors in the of domestic criminal enforcement policy are analyzed. Also, the views available in the theory of criminal executive law on the subject component of the group of subjects of criminal executive policy of Ukraine are studied. The author's position on the content and multicomponent nature of the domestic penitentiary policy is expressed in the article. The importance of the perception of this type of domestic policy is emphasized only in the complex, taking into account the key and integral elements. These elements include both the category of and implementation of penitentiary policy. With this in mind, the author's position on the inexpediency of a separate grouping of subjects of penitentiary policy on the subjects of formation and subjects of of this policy is expressed. These entities are the only group that carries out comprehensive activities within the domestic penitentiary policy and these activities take into account both aspects of the formation and of this policy. The article expresses the author's position on the definition of a group of subjects of formation and of criminal executive policy of Ukraine.

ОСОБЛИВОСТІ ПРОЦЕСУАЛЬНОГО ПОРЯДКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ У КРИМІНАЛЬНИХ ПРОВАДЖЕННЯХ ЩОДО НАРОДНИХ ДЕПУТАТІВ УКРАЇНИ

The article provides a comprehensive study of theoretical and practical problems of pre-trial investigation in criminal proceedings against people’s deputies of Ukraine, given the regulations of current criminal procedure legislation and the theory of criminal procedure law of Ukraine. It is emphasized that the current legislation of Ukraine, which regulates the activities of the People’s Deputy of Ukraine, is based on the principles of traditional law and bears the imprint of the totalitarian past, so now it can not fully ensure the effectiveness of the institution of inviolability, leading to violations of human rights and freedoms. Criminal proceedings against a People’s Deputy of Ukraine may be carried out only under the condition of the procedural guidance of the Prosecutor General (acting Prosecutor General) or the Deputy Prosecutor General – the head of the Specialized Anti-Corruption Prosecutor’s Office and can be initiated only when there is sufficient evidence to indicate signs of a criminal offense, and the adequacy of the data is assessed in each case according to the internal convictions of the investigator. The main condition for the notification of suspicion against people’s deputies is the availability of sufficient evidence. The procedural procedure for summoning an investigator, prosecutor, summons during a pre-trial investigation in criminal proceedings against people’s deputies of Ukraine is a set of procedural actions to draw up a summons (another document), send and serve it in the manner prescribed by procedural law, confirm receipt of summons, meet deadlines notification of the person about the call, as well as the procedural consequences of non-appearance on the call. The procedural position of the suspect-People’s Deputy of Ukraine must be considered in accordance with the procedural conditions. The general legal basis for the application of measures to ensure criminal proceedings is the decision of the investigating judge on the basis of an agreed request for their application with the Prosecutor General (acting person of the Prosecutor General). Exceptions are certain measures to ensure criminal proceedings, which can be applied without the decision of the investigating judge. The directions of improvement of the procedural order of decision-making on the beginning of pre-trial investigation of criminal offenses committed by the People’s Deputy of Ukraine on the basis of entering information into the Unified Register of pre-trial investigations, resolving issues of jurisdiction, notification of suspicion, application of criminal proceedings.

Пенитенциарные идеи в научных трудах В. Е. Южанина

V. E. Yuzhanin made a great contribution to the development of the domestic theory of criminal and penal law, raised sensitive issues related to serving a sentence of imprisonment. The article focuses on the main scientific works of Professor V. E. Yuzhanin. The purpose of the studyis to analyze the main penitentiary ideas of the scientist, identify the most significant of them, assess the professor's contribution to the development of the domestic penal law science. The methodological basis of the research was formed by the analysis, synthesis, induction, system-structural, formal-logical and historical methods. As a result of the work carried out, it was found that the penitentiary ideas expressed in the works of V. E. Yuzhanin made a significant contribution to the development of the domestic legal science. Special attention should be paid to the conclusions of the scientist regarding the definition of the goals and nature of criminal punishment and practical recommendations related to increasing the efficiency of the execution of criminal punishments, first of all, punishment in the form of imprisonment, proposals for changing the approach to assessing the personality of a convict, which underlies the distribution of convicts in correctional institutions, as well as within them and ensuring a stricter isolation of criminal leaders. The data obtained as a result of the study can be taken into account when organizing the work on modernization and determining the most optimal ways and directions for the development of the domestic penal system and penal legislation, and used in the educational process of higher educational institutions of the Federal Penitentiary Service of Russia. Key words: penitentiary science, penal law, penal system, punishment, imprisonment.

МЕТОДОЛОГІЧНІ ОСНОВИ ВІТЧИЗНЯНОЇ КРИМІНАЛЬНО-ПРАВОВОЇ НАУКИ: СТАНОВЛЕННЯ ПОРІВНЯЛЬНОГО (КОМПАРАТИВНОГО) МЕТОДУ В СЕРЕДИНІ XIX – НА ПОЧАТКУ XX СТОЛІТТЯ

The paper raises the question of a current role of methodology domestic criminal law and criminal law research. Methodological problems of criminal law are analyses, in particular the process of formation of the comparative (comparative) method in the works of criminologists of the middle of the XIX – beginning of the XX century. It is emphasizes that the comparative method of cognition contributes to the development of national domestic law, in particular, criminal law, as the above method is potentially the powerful driving force for its transformation. It is the most effective way to establish the patterns of development of law, by comparing legal phenomena at different times in different countries. It is possible to predict qualitative changes in foreign and domestic law in the future by having established a certain pattern of such development, it is possible to predict qualitative changes in foreign and domestic law in the future. Comparative analysis in the field of criminal law has many useful manifestations. For example, for a domestic legislator, it can be a source of important information about the legislative regulation of similar criminal relations in other countries. Such an analysis can be useful to the judiciary by clearly demonstrating the advantages or disadvantages of alternative ways of interpreting criminal law in foreign jurisdictions. Ukrainian legal doctrine, in turn, would only benefit from new theoretical knowledge and scientific approaches to solving modern problems of criminal liability. Not to mention the representatives of higher legal education, who with the help of a comparative (comparative) method will be able to teach future Ukrainian law enforcement and law enforcement officers to think critically and comprehensively, significantly expanding their professional horizons. The paper focuses on the fact that a methodology of the modern science of criminal law is a complex and multi-faceted institution that covers: a) analysis of a criminal law language; b) the structure and operative system of research methods applied in the criminal law; c) a conceptual frame of criminal law; d) laws of appearance, functioning and changes of scientific legal theories and doctrines in criminal law; e) problems of a structure of scientific knowledge in criminal law and scientific theories (constructions). The authors emphasizes that it is in the process of comparative (comparative) cognition that researchers have an ideas and suggestions for improving the functioning of domestic and foreign criminal legislation.

Bases for releasing juveniles from criminal liability

This article examines the aspects of exemption from liability juveniles in the theory of criminal law of the Republic of Uzbekistan and other countries. Explains the concept of exemption from criminal liability of juveniles. In this article, the author recommends a clear definition of his mental and physical development in juvenile delinquency and the influence of adults on him. She argued that the release of juveniles was a right, not a duty, of the courts and law enforcement agencies. Exemption of juveniles from liability is divided into general and special types. In the Republic of Kazakhstan, the Russian Federation, the Republic of Moldova and the Republic of Belarus, the grounds for the imposition of coercive measures on juveniles are different. It offers new coercive measures on the experience of other countries. She concludes, based on this, social organizations (institutions) and families ofjuveniles who have committed crimes should help to monitor, correct their mistakes, promote healthy development and become a full member of society. The concept of the basis for the release ofjuveniles from liability highlights the problems and provides new suggestions for its solution.

Dispositivity in the criminal and environmental law: some theoretical and applied aspects

Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in Criminal law, and explore its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology we can speak of dispositivity in the Russian criminal law, since there are no «pure» or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also examines such manifestations of dispositivity in the Russian criminal law as self-defense, detention of the offender, a reasonable risk, reconciliation, prosecution at the request of a commercial organization or with its consent, the consent of a person to commit action which can present a risk of HIV infection, the consent of the victim to enter into marriage with the defendant.

The Consequences of Attitude of an Individual to the Committed Crime in Law

The relevance of the article lies in the presence of problematic issues in establishing the guilt of a person who committed acts prohibited by the criminal code. The doctrine of criminal law stands on the positions of the psychological theory of guilt, in this connection, the establishment of the subjective element of the corpus delicti presents certain difficulties, which, in turn, lead to the admission of objective imputation. In this regard, an attempt has been made to analyze in detail one of the aspects of the criminal law theory of guilt – the attitude of a person to the consequences of a crime committed by him, as required by each of the forms of guilt. At the same time, the emphasis is placed on the possibility of foreseeing the social danger of those consequences that are enshrined in the criminal law, or are assumed as a result of a committed criminal act. It is concluded that it is necessary, within the framework of establishing guilt, to study in detail the psychological attitude of a person to the harmful consequences caused by the crime he has committed, which will contribute to a more accurate definition of the psychological signs of a crime and, accordingly, a more correct qualification.

Krivična odgovornost pravnih lica u Letoniji - načelni uvidi, osobenosti i aktuelnosti

The path that the Latvian normative regulation in criminal law and the Latvian criminal law doctrine took to arrive at the possibility of turning against legal entities by criminal law measures was neither fast nor simple. The initial position was that regulation like this would be incompatible with the basic principles of Latvian criminal law since, historically, psychological understanding of guilt has been characteristic in the Latvian criminal law, guilt is identified with a person's mental attitude towards the criminal offence, and guilt also is one of the grounds for criminal liability. It was not clear how this understanding of guilt could be compatible with punishing such "legal fiction" as a legal person in the framework of criminal law. Ways, in which Latvia could adjust its legal regulation to various international normative documents that Latvia had acceded to, at the same time leaving the dominant basic institutions of the Latvian criminal law theory unaffected, were sought rather reluctantly. Discussions that lasted for years resulted in the inclusion into the Criminal Law coercive measures, existing outside the system of criminal penalties, applicable to legal persons, likewise, several criteria were defined as the grounds for applying these coercive measures to legal persons, the central of which was a criminal offence, committed by a natural person who was connected to the legal person, in the interests of the legal person or as the result of insufficient control by this legal person. Accordingly, criminal procedural regulation was created, which to a large extent equalled a legal person to an accused natural person in criminal proceedings. Although the criminal law and criminal law regulation, which provides for the possibility to apply criminal law coercive measures to legal persons in the framework of criminal proceedings has existed in Latvia for already 16 years, these criminal law instruments have started taking their place in the practice of applying law only in recent years, simultaneously also revealing deficiencies in the legal regulation, already now providing sufficient material for analysis to be used for improving these legal norms.

OBJECT OF CRIMINAL LAW PROTECTION AND ITS PARAMETERS

Abstract: the study is focused on substantiating the theoretical model of the object of crime, corresponding to the legal mechanism of regulation and protection of social relations. Its methodological basis was the dialectical method as a universal tool of knowledge in combination with the method of formal legal analysis. The indicated methods made it possible to highlight the legal nature of the object of criminal law protection and reveal each of its constructive features. The work analysed in detail the concepts of the object of the crime of pre-revolutionary, Soviet and modern time periods, which had contributed significantly to the methodology for studying the phenomenon under consideration. The mechanism of criminal influence on relations protected by criminal law is disclosed. The criminal law value of the object of the crime is shown. According to the results of the study, the validity of the criminal law theory was proved, positioning the object of the crime as relations settled at the level of positive branches of law.

Убийство по мотиву кровной мести: особенности субъекта преступления

This article focuses on the resolution of issues and difficulties legal professionals encounter when qualifying criminal acts under Item e.1 of Part 2 of Article 105 of the Criminal Code of the Russian Federation (Item e.1). The issues and difficulties appeared when the 1996 Criminal Code entered into force and still exist. They are associated with the absence of a legal definition of blood feud in the text of the Criminal Code and other federal statutes, and also with the fact that Decision No. 1 of the Plenum of the Supreme Court of the Russian Federation, On Judicial Practice in Murder Cases, of 27 January 1999, both in the previous and in the current versions, does not contain any comments and clarifications on the characteristics of Item e.1. The greatest difficulties in investigative and judicial practice appear when determining the subject of the given crime. For a long time, the question of what kind of subject of the crime - general or special - is the subject of the crime envisaged in Item e.1 (formerly Item k of Article 102 of the Criminal Code of the RSFSR) continues to be controversial and open in the Russian criminal law theory. The author of the article has made a comprehensive critical analysis of the points of view, opinions, and approaches available in the criminal law doctrine regarding the definition of the type of subject in Item e.1 - murder motivated by blood feud; this has an important qualification value and directly affects the legal assessment of the criminal act provided for in this item. The article presents and examines the doctrinal provisions, court decisions, and norms of criminal law in terms of determining the type of subject of murder motivated by blood feud. The author proposed, explained, and scientifically substantiated a uniform approach to the definition of the subject in Item e.1; this approach can order the Russian law enforcement practice and resolve all the problems. The author also formulated conclusions supported by arguments and reasons. The conclusions confirm the correctness of the scientific and legal approach, according to which the subject of the crime envisaged in Item e.1 is special and should belong to a group of population which cultivates the custom of blood feud.