Aliyeva A. The subject of a criminal offense: concepts, types and significance.

The work is devoted to a comprehensive study of the subject of criminal offense, which is independent criminal law concept and a feature of the object of a criminal offense. The genesis of scientific thought on the subject of criminal offense in the doctrine of criminal law has been studied. The classifications of the subject of a criminal offense have been proved. The classifications of the subject of a criminal offense have been constructed according to the different criteria. It has been established that the subject of the criminal offense is not an element of its corpus deliciti, and therefore can be considered only as a feature of the object of the criminal offense. Correlation, similar and different characteristics of the subject of criminal offense have been studied, which contributes to an in-depth knowledge of the nature of its essence and substance, establishing their criminal-legal significance, clarifying the peculiarities of legislative regulation and applying the relevant criminal-legal norms and institutions. It has established that the subject of the criminal offense is in conjunction with the tools and means of committing a criminal offense as a feature of the objective side of the criminal offense. Similar properties of these features and their differences, interdependence and differentiation have been investigated. The influence of the subject of the criminal offense and the tools and means of committing the criminal offense on the interpretation (clarification of the content) of other features of the elements of the criminal offense have been outlined. A systematic approach to assessing the role (significance) of the subject of a criminal offense and tools and means of committing a criminal offense in the science of criminal law and investigative and judicial practice has been constructed. The subject of the criminal offense is important for: a) establishing the severity of the criminal offense; b) clarification of the content of other features of the elements of the criminal offense; c) separation of a criminal offense from other offenses, a criminal offense from a minor act (Part 2 of Article 11 of the Criminal Code); differentiation of criminal offenses (basic and qualified); d) qualification of a criminal offense, taking into account the type and direction of intent; e) sentencing and application of criminal law measures.