Сharacteristics of voluntary refusal from preparing to commit a criminal offense

The article is dedicated to the issues of consciously forming criminal intent, its implementation, and the application of the institution of voluntary refusal to commit a criminal offense at the preparation stage. The authors emphasize the importance of establishing criminal liability not only for the committed socially dangerous act but also for preparatory actions and attempts, which allows for counteracting crimes at early stages, preventing harm to social relations, and thus fulfilling the preventive function of criminal law. Various views of criminal law scholars on the possibility of applying the institution of voluntary refusal to complete a crime at the preparation stage are analyzed, and problematic issues that require scientific investigation are highlighted. The significance of direct intent at the preparation stage is examined, and shortcomings of the current legislation, which does not take into account the specific features of its intellectual and volitional moments at this stage, are pointed out. The main focus is on analyzing different forms of voluntary refusal: from passive abstention from further actions to active measures aimed at preventing the completion of a socially dangerous act. It is noted that the choice of the form of voluntary refusal depends on the nature of the subject’s previous activity, particularly the method by which the preparation was carried out – through active actions or inaction. A clear formula for the mechanism of voluntary refusal is proposed, taking into account the method of preparation. If preparation for the crime was carried out by inaction, voluntary refusal should include taking necessary actions to eliminate conditions conducive to the crime. In the case of active preparatory actions, voluntary refusal may manifest as either inaction or active measures aimed at eliminating the conditions for committing the crime. A conclusion is drawn on the need to improve legislation, taking into account the specifics of different stages of realizing criminal intent and forms of voluntary refusal. This will ensure more effective law enforcement and the protection of social relations from criminal encroachments.