THE CONCEPT, SIGNS AND CRITERIA OF A MINOR ACT

Background: Investigate the concept, signs of insignificance of an act, as well as to develop criteria for determining the small social significance of a specific criminal action or inaction based on an analysis of law enforcement practice. Materials and methods: In solving the problems posed, the author used general scientific (for example, the method of system analysis) and special scientific methods of cognition (in particular, comparative legal and the method of legal interpretation). Results: Based on the study, the author: formulates the concept, signs and criteria of a minor act; explains the impossibility of recognizing minor acts committed by negligence; argues that the criteria for the minor act can only be signs of the objective side of the crime, while the signs of the subjective side can serve as an additional guideline when establishing the low social minor of a specific criminal act or inaction; substantiates that the signs of the object and subject of the crime cannot act as criteria for recognizing the act as minor. Practical importance of results: The conclusions made by the author can be used to improve the quality of the legislative requirement formulated in part 2 of article 14 of the Criminal Code, as well as in law enforcement when deciding whether to commit a criminal offense (action or inaction) as insignificant.

social danger, interdisciplinary differentiation, minor act, criminal misconduct