Keyword: «qualification of crimes»

The article identifies some of the problems that law enforcement officers face when investigating and resolving criminal cases.The relevance of this topic is due to the fact that it is not always at the stage of preliminary investigation and consideration by the court of first instance of criminal cases related to abuse of official powers and excess of official powers specified in Art. 285 and art. 286 of the Criminal Code of the Russian Federation, respectively, as well as in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 N. 19 “On judicial practice in cases of abuse of official powers and exceeding official powers”, it is possible to clearly and fully qualify the illegal acts in question.At the same time, the relevance is confirmed by the legal statistics available on official portals and scientific publications. The purpose of the article is to consider and legal assessment of some criminal legal issues of qualification of the types of crimes mentioned above. In the process of compiling this article, the following scientific methods were used: analysis, synthesis, observation, comparison, analogy, statistical. The author of the article examined some issues of qualifying abuse of official powers and exceeding official powers, comparing these types of crimes with some other related types of crimes, identifying both common features and criteria for differences. The author also considered the issue of prevention and prevention of these crimes, proposals for amending the regulations mentioned earlier.Based on the results of the study, significant differences were identified between related crimes to differentiate them, and a method for the prevention and prevention of corruption-related crimes was proposed.

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.

This work is dedicated to the study of problems associated with the use of evaluative concepts in criminal law when qualifying crimes against the person. The relevance of the topic is due to the dual nature of evaluative categories: on the one hand, they ensure the flexibility and completeness of legal regulation, allowing for the individual circumstances of each crime to be taken into account; on the other hand, they create difficulties in law enforcement practice due to the risk of ambiguous interpretation and the expansion of the boundaries of judicial discretion.

The article is devoted to the study of the institution of a continued crime in Russian criminal law. The relevance of the topic is due to the lack of a legal definition of a continued crime in the Criminal Code of the Russian Federation, which leads to inconsistent judicial practice and errors in qualification. The purpose of the work is to identify the criminal law nature of a continued crime, the problems of its classification, and to develop proposals for improving law enforcement. The research methodology is based on formal legal, comparative legal, and systemic approaches, as well as on the analysis of judicial practice. The article examines the concept and main features of an ongoing crime (common intent, identical actions, common goal, and temporal duration); it distinguishes it from related categories (conspiracy, repetition, and continuing crime); and it analyzes the problems of qualification when the method, object, and qualifying features change. Based on the analysis of specific court cases (the verdict of the Oktyabrsky District Court of Kirov, and the appellate ruling of the Supreme Court of the Russian Federation), typical errors in law enforcement related to proving a single intent have been identified. A comparative legal analysis has shown that similar or related concepts exist in foreign legal systems (Germany, England, and France). In conclusion, it is proposed to legally establish the concept of an ongoing crime, clarify the criteria for distinguishing between them in a resolution of the Plenum of the Supreme Court of the Russian Federation, and introduce an rebuttable presumption of a single intent. The results of the work can be used in law enforcement activities and in the preparation of proposals for improving criminal legislation.