THE PHENOMENON OF OBVIOUSNESS AND UNCERTAINTY OF AN OBJECTIVE APPROACH TO UNDERSTANDING THE CORPUS DELICTI THROUGH THE PRISM OF THE VIEWS OF SCIENTISTS OF THE LATE 19TH - EARLY 21ST CENTURIES

Today, it seems possible to state the presence of dualism within the general doctrine of the corpus delicti. In contrast to the «normative», the representatives of the objectivist approach consider the corpus delicti, along with the crime, as a real phenomenon. Namely, only a system of elements and signs embodied in objective reality can form the composition of a specific crime committed. The presented understanding makes it possible to determine the corpus delicti as the only basis for criminal liability, as well as to build the correlation between the crime and the corpus delicti as one-order categories. However, a detailed study and critical analysis of the works of scientists, representatives of this approach, allow us to point out a number of problems that indicate its theoretical incompleteness, and as a consequence, requiring study and improvement. As a result, the author of the article presents the key points in the evolution of scientific thought about the formation and development of an objectivist approach to understanding the corpus delicti from the end of the 19th to the beginning of the 21st century, allowing you to get a holistic view of its phenomenon, including both obvious and contradictory aspects. Subject of research: norms of the current criminal legislation, which are based on the category of corpus delicti, published scientific works (article, monographs) and educational materials devoted to the general doctrine of the corpus delicti. Purpose: the formation in the science of criminal law of a system understanding of the phenomenon of an objective approach to understanding the corpus delicti, its main provisions and controversial aspects, aimed at overcoming the existing and achieving a unified understanding of the corpus delicti. Conclusion: Since, within the framework of the objectivist approach, the corpus delicti, the elements and features that form its structure, are considered as real phenomena, it becomes possible to structure a specific crime, as well as to establish the basis of criminal liability. However, a number of provisions do not allow to recognize this vision of the corpus delicti as devoid of contradictions.