PROBLEM OF SELECTION AND DESCRIPTION CIRCUMSTANCES, EXCLUDING CRIMINALITY OF AN ACT IN CRIMINAL LAW OF RUSSIA AND GERMANY

The article presents the characteristics of individual topical issues in relation to such a legal institution as circumstances excluding the criminality of an act. The nature of these circumstances is considered; the various features underlying the selection of these circumstances are characterized, their various definitions in legal sci- ence are given. A comparative legal analysis of these types of circumstances presented in the Criminal Code of the Russian Federation and the Criminal Code of Germany is given. Certain clarifications within a framework of the considered institution, in particular, a clearer regulation of the concepts of wrongfulness and culpability, as well as the inclusion in the list of circumstances the victim's consent to the trespass are proposed