Brych L. Basic Concepts of Discrimination of Components of Crime

Is analising basic concepts of the issues of components of crime discrimination and establishment of the correlation of the systems being a place for components of crime discriminating and discrimination of crime from administrative offences; the indication of objects – components of crime as elements of the system of legislative models of delinquent activity, establishment of the role of specific attributes of components of crime within the process of discrimination of elements in the system of legislative models of criminally liable activity. The thesis outlines criminal-legal content of definitions of «components of crime discrimination»; «discrimination of crime from administrative offence with common attributes»; «common attributes of components of crime»; «delimitative attributes of components of crime». The thesis sets list of types of correspondence between components of crime and common attributes. The thesis gives proof of uniformity of common factors of discrimination of components of crime and discrimination of components of crime from components of administrative offences. The thesis ascertains functions of specific attributes depending on their place within the system of components of crime as criteria of discrimination of elements within the system of legislative models of criminally liable behaviour. Based on the conducted analysis, the author makes suggestions to improvement of legislative technique of modelling of components of crime discrimination system and providing correct criminal-legal qualification. Key words: discrimination components of crime, discrimination of components of crime from components of administrative offence; types of correlation between components of crime and common attributes; contiguous components of crime; components of crime provided by competitive rules.