The doctrine of crime in the historical-legal perspective and the contours of the social reality of dogmatic concepts

Subject of research: the article deals with theoretical-legal and doctrinal problems of understanding the signs of crime as a central institute of criminal law. The essence and content of the concept of "crime" and its constituent elements are revealed from ontological positions. Purpose of research: the aim of the article is to rationally and critically examine the trends in the development of criminal law, to identify the current patterns and scope of criminal law regulation. Research methods: formal-dogmatic, historical-legal. Object of research: crime as a social construct in criminal law. Research findings: trends in the development of the theory of crime have been outlined in the context of the global instrumentalization of criminal law and the unification of modern legal systems. It is emphasized that not public danger is the essence of crime, but the harm caused. The harm caused as a result of committing an unlawful act is directly related to the social values that are subjected to criminal influence. Accordingly, the harm caused and the values protected should predetermine the contours of the crime. The content of harm is based on the concept of the interdependence of the individual and society, as the basis of crime is based on the moral censure of unauthorized acts that violate existing values. Since a person is a part of society, harm is not only individual, but is also capable of generating a social reaction to certain events. By causing harm to others, the perpetrator neglects the sense of social responsibility. Harm is the only measure of crime, which, although it does not have a constant value, but allows to establish the boundaries of criminal-legal impact.