Chukin D. S. Public danger of an act as an evaluative category

Abstract. The article examines public danger as a material sign of a criminal act. It is noted that this feature is directly related to the category of insignificance, through which it is mediated in the law enforcement process. It is stated that due to the high level of abstraction of the concept of «public danger», in the doctrine of domestic criminal law and the practice of applying criminal law, there is uncertainty about the distinction between criminal and criminal behavior, as well as between criminally punishable acts and other types of offenses, including gross disciplinary offenses of military personnel. The author analyzes the elements of crimes with administrative prejudice, which cause a polar assessment from the scientific community. It is summarized that in order to bring investigative and judicial practice to uniformity, an official explanation of the Supreme Court of the Russian Federation on the issue of determining criteria of public danger is necessary.