Zatsepin Alexander Mihajlovich (phD in law, associate professor Head of the criminal law department of Ural Institute of additional professional education All Russian state university of justice (RPA of the ministry of justice of the Russian Federation), associate Professor of Criminal Law department of Ural state law academy, Head of Russian criminological association)
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The Author presents a study of the significance of proper criminal offence. The author notes that in the science of criminal law on the qualification of crimes speak in two senses: a) as activities of a logical process; b) as a result of a final legal assessment of socially dangerous behavior and consolidation of this as-sessment in the appropriate procedure document. The results of the study con-cluded that the qualification of a crime has a criminal-legal assessment of specif-ic socially dangerous act that establishes the correspondence of characteristics of the offense the elements of a crime provided for a particular article of the crimi-nal law. When such a match is made, it is possible to speak about the crime and about the article of the Special part of the criminal code, under which it falls. This is the purpose of the qualification. Criminal-legal qualification of acts as the Central part of the process of applying the criminal law. In Russian criminal law there is no official source of common rules governing the implementation of the qualification of the crime. Therefore, it is necessary to fix in the General part of the Criminal code, rules of criminal-legal qualification of criminal acts through the allocation of a separate section.
Keywords:qualification, criminal law, crime, dangerous act, criminal law.
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Citation link:
Zatsepin A. M. The value of proper criminal offence // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№09. -С. 65-67 |
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