Keyword: «competition of criminal law norms»
The article is devoted to the consideration of some problems of legal consolidation of the qualification of a crime. So far, there is no legal definition of the qualification of a crime in the current legislation. However, the legal concept of qualification stems from the systemic connection of the norms of the Criminal Code and the Code of Criminal Procedure of the Russian Federation. The importance of correct qualification is multi-level. A mistake in qualification distorts the entire subsequent mechanism of criminal liability, from the accusation to the execution of the sentence. Consequently, criminal law enforcement also depends on the correct final qualification of a crime. There are two key problems with the qualification of a crime. The first is the lack of legally established rules in the Criminal Code of the Russian Federation for distinguishing between multiple crimes, competition of norms, and complex single crimes. The second is the lack of sufficient detail in the procedural requirements for the motivation of requalification at the stages of charging and drawing up a indictment. To address these issues, it is proposed to make changes to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation.

Kirill Yakovin