Qualifying errors: concept, nature, mechanism of occurrence
Автор: Makarov Ruslan Viacheslavovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 2 (21), 2016 года.
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Purpose: Research Revealing the concept, nature and mechanism of occurrence of errors in qualification of crimes. Methodology: Used dialectical-materialist, comparative, theoretical, applied and formal legal methods. Results: The article subjected to the rethinking of the concept of qualification errors under which we understood wrong, permissible subjects of law enforcement intentionally or unintentionally, damaging a law enforcement authority. The types of qualification errors, a common feature of which is the implementation of irregularities in enforcement. It is concluded that the nature of the qualification error is not reduced only to the idea of it as a result of unintentional actions or inactivity of subjects of law enforcement, as qualification of the error can be viewed as a natural result of the imperfections of the criminal law. Qualifying the nature of the error can be characterized and how a certain regularity, due to objective reasons (the imperfection of legislation, lack of professionalism, improper use of subject of legal norms, etc.). Therefore, the nature of the qualification of the error can be interpreted as a natural result of the irregularity of the actions of law enforcement units. Novelty/originality/value: The article possesses high scientific value, represents an attempt to rethink the concepts of qualification of the error, its nature and mechanism of occurrence. Reconsidered the criteria for the assignment qualification of the error to a particular type.
Короткий адрес: https://sciup.org/14042348
IDR: 14042348