Estimation of errors in qualifying malfeasances
Автор: Nikitin E.V.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы уголовного права, уголовного процесса и криминалистики
Статья в выпуске: 4 т.16, 2016 года.
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Analyzing the current legal situation in Russia the author comes to the conclusion that in the field of qualification of crimes there are not enough acts of official interpretation of provisions of the criminal law and there is no unified approach to understanding basic concepts and rules of a legal assessment. These circumstances directly affect the effectiveness of the criminal law and affect the accuracy of the legal skills and the application of articles provided for in Chapter 30 of the Russian Criminal code. The article evaluates the nature and contents of errors in the definition of crimes against state service as a criterion of the effectiveness of criminal law providing for criminal responsibility for malfeasances. The author groups studied error in the qualification on various grounds in order to improve the quality of the qualification of the criminal law acts. The article analyzes the standard error of the court allowed in connection with a wrong definition subject and object of the crime, the obligatory signs of the objective side of a crime, subject and qualifying signs of a crime. Part of the error is allowed in connection with a wrong definition general and special rules and not knowledge of the principles of qualification of crimes. The author analyzes the reasons of failed qualification, why officials of law enforcement agencies allow these mistakes for their further prevention. The article raised the important question of the influence of correct and accurate qualification of crimes against state authorities, interests of public service on increase of level of legal culture and legal education of citizens and formation of intolerance to corruption in conduct.
State service, mistakes in qualification of crimes, corruption, classification of corruption crime
Короткий адрес: https://sciup.org/147150104
IDR: 147150104 | DOI: 10.14529/law160404