Formal and moral aspects of judging a crime

The purpose of the work is to determine the role of moral and value judgment in the conclusion about what has been done as a crime. Through the prism of the problem of the difference between the crime and the composition of the crime, the author analyzes two main positions: formalist, focused on the conclusion of the crime from positive law; realistic, defining the crime through the composition as a real phenomenon of human behavior. It is established that public danger is not analytically deducible from the text of criminal legislation and assumes, in addition to referring to the law, also a value judgment about what has been done as a crime. Similarly, the concept of crime contains two main aspects - formal and value, which corresponds to the modes of cognition of crime at the level of law enforcement. The article has sufficient scientific value, since it offers a new look at one of the traditional problems of criminal