| Summary: | The article discusses some problematic issues with respect to such legal institution as the circumstances precluding wrongfulness. The author characterizes the nature of the circumstances, provides various definitions, respectively, various features underlying the allocation of these circumstances. The comparative legal analysis of these types of circumstances is given on the basis of the criminal code of the Russian Federation and Germany. The article suggests some refinement in the present Institute of circumstances, in particular, more precise regulation of the concepts of illicitness and culpability, as well as inclusion of the victim’s consent to undergo harm in the list of circumstances.
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