ACTUAL PROBLEMS OF UNDERSTANDING THE EXCESSIVE ACT OF AN ACCOMPLICE

The article deals with some issues related to the understanding of the excesses of accomplices and the definition of the criminal – legal consequences of crimes committed in the appropriate conditions. The current Criminal Code of the Russian Federation establishes a definitive rule on the excessive behavior of the perpetrator of the crime, but does not regulate the criminal liability of this accomplice in the excesses, as well as the responsibility of other accomplices in the crime. In this case, the excess of accomplices who are not co-perpetrators of the crime is not unreasonably taken into account. This explains the choice of the purpose of the study – to determine the initial ideas of understanding the incident, not only the performer, but also other accomplices of the crime. Objectives of the article: to confirm the possibility of excesses of an accomplice who is not the perpetrator of the crime, to identify the limits of excesses of accomplices, to develop recommendations for improving the current legislation in this area of legal regulation, to formulate rules for the qualification of crimes in the conditions of excesses of accomplices. The main conclusions of the authors of the article – on the understanding of the excesses of the accomplice without deviation from the conceptual ideas of the doctrine of complicity, the universality of the rules of the excesses and the need to differentiate the responsibility of the accomplices in the excesses of any of the accomplices.