OBJECTIVE ELEMENT OF A CRIMINAL OFFENSE: THEORETICAL FOUNDATIONS AND CHALLENGES OF LAW ENFORCEMENT

Abstract

The article explores theoretical and practical issues related to the objective element of a criminal offense, which constitutes a fundamental component of the corpus delicti. The study defines the place of the objective aspect within the structure of a criminal offense and highlights its significance for determining the degree of social danger and ensuring the proper legal qualification of a criminally unlawful act. The author presents a reasoned position regarding the interpretation of mandatory and optional elements, in particular socially dangerous conduct, socially dangerous consequences, causal relationship, as well as the method, place, time, instrument (means) of committing a criminal offense, and the circumstances under which the offense is committed. Particular attention is devoted to the controversial issues arising in law enforcement practice: determining the moment of completion of a criminal offense depending on the legislative construction of its corpus delicti; the difficulties of proving a causal relationship between socially dangerous conduct and its consequences; distinguishing a criminal offense from other types of offenses on the basis of objective criteria; as well as the impact of evaluative concepts on establishing the elements of the objective aspect of a criminal offense and its qualification. The necessity of improving the legislative constructions of the Criminal Code of Ukraine and developing a unified law enforcement practice is emphasized. The author concludes that a systematic approach to studying the objective element of a criminal offense has not only theoretical but also significant practical importance for ensuring legality, justice, and proper criminal law qualification.