THEORETICAL AND PRACTICAL ASPECTS OF CAUSABILITY IN CRIMINAL LAW

Abstract

This article analyzes the causal link, causal chain, its conditions, criteria, and rules in criminal law from an instrumental and comparative perspective. In the course of the study, the following methods were widely used: logical, inductive, deductive, systematic, logical-legal, and comparative-legal. In particular, the essence and general characteristics of eleven theories of causality in criminal law are revealed, and the similarities and differences in the scientific views and research of scientists on them are described in detail. The scientific works, monographs, and textbooks of lawyers belonging to the Anglo-Saxon legal family, Russian scholars of the continental (Roman-German) legal system, and national researchers were also subjected to comparative analysis. The article identifies existing problems in the causal link between a criminal act and a socially dangerous consequence, and proposes their theoretical and practical solutions.Based on the analysis of the doctrine of criminal law, specific recommendations have been developed to improve the theory and practice of the field.