On the problems of accuracy and completeness of the qualification of crimes with alternative signs of composition

The article is devoted to the analysis of problems related to the accuracy and completeness of the qualification of crimes with alternative signs of composition.Attention is drawn to the specifics of the analyzed type of crimes, which consists in the possibility of complicating the criminal act by the manifestation of several alternative signs of the corpus delicti and the commission of a crime through several interrelated or functionally close variants of violation of the criminal law prohibition. It is the multiplicity of alternative manifestations of the signs of the corpus delicti in a criminal act that largely determines the emergence of problems of legal assessment of crimes with alternative signs of the composition.The analysis of law enforcement practice shows the relevance of issues of ensuring the completeness and accuracy of the qualification of the analyzed type of crimes. Non-compliance with the basic principles of the qualification of crimes in the process of their legal assessment negatively affects the legality, validity and fairness of court decisions, leads to significant violations of citizens’ rights to judicial protection.In this regard, it is noted that it is necessary to ensure a sufficient level of concretization of the results of the criminal legal assessment of crimes with alternative signs of composition. In order to avoid errors related to the inaccuracy and incompleteness of their qualifications, it is proposed to orient the courts to the need for mandatory consideration in the descriptive and motivational part of the sentence of all alternative signs of the corpus delicti reflected in the criminal act, as well as to exclude unnecessarily imputed signs of the corpus delicti from among the alternatives provided for by the relevant corpus delicti.