RELATIONSHIP AND DIFFERENCES OF OPTIONAL SIGNS OF THE OBJECTIVE SIDE OF THE CRIMINAL OFFENSE

The article is sanctified to research of intercommunication of situation of feasance of criminal offence with other optional signs of objective side of composition of criminal offence. Traditionally, the situation of committing a criminal offense is attributed to the optional features of the objective side of the criminal offense. The situation of committing a criminal offense is a systemic formation, which includes a number of elements that give it a qualitative definition. Any specific situation is a certain structure with a variable number of elements that make it up. All elements of the situation are in close interaction with each other, which leads to the emergence of a particular situation. It is marked the place and time in the description of the fact of committing a criminal offense can be both separate, independent features of the objective side of the criminal offense, and components of the situation of committing a criminal offense, as the conditions that create the situation must be territorially and temporally defined. Influence relationship between the situation of a criminal offense with such an optional feature of the objective party as a way of committing a criminal offense, because often the way of committing a criminal offense along with the situation of committing a criminal offense is a sign of basic or qualified criminal offense. The situation of committing a criminal offense affects the choice of a particular method of committing a criminal offense, thereby determining the presence and degree of public danger of criminal encroachment. The situation of committing a criminal offense as a certain environment, the external environment determines the nature of a socially dangerous act and the means and tools of its commission. The possibility of a socially dangerous act causing harm depends not only on the act itself, but also on the situation in which it is carried out, which in turn determines the subject's choice of means or tools to commit such an act under appropriate conditions. In a particular case, the combination of the situation and the means or tools of committing a criminal offense, provides a qualitatively new level of public danger.