The main stages of the formation of the theoretical and applied concept of circumstances excluding crime

Circumstances excluding the crime are considered in this study through the prism of the development of theoretical views on their legal nature. Based on a systematic study of scientific works of such Russian authors as: L.S. Belogrits-Kotlyarevsky, A.G. Kibalnik, S.G. Kelina, A.F. Koni, V.A. Eleonsky, A.A. Piontkovsky, N.N. Pashe-Ozersky, E.F. Pobegatsilo, S.V. Poznyshev, N.S. Tagantsev, I.S. Tishkevich and others, the conclusion is made about the main stages in the formation of the theory and legislation on the circumstances excluding the criminality of the act. The critical approach allowed the author to disagree with a number of ideas expressed in the works of Russian legal scholars, in particular, “the incentive theory of circumstances precluding the criminality of the act” and “the theory of the compromise nature of the circumstances precluding the criminality of the act”. On the basis of the system analysis carried out, the author draws the conclusion about the complex legal nature of the circumstances excluding the criminality of the act, about the progressive development of the Russian criminal legislation in terms of their regulation, thanks to the research of scientists.