Convinced for a crime committed with the violence as a crime-forming sign

Introduction: the author analyses part 2 of Art. 1161 of the Criminal Code of the Russian Federation, introduced by the Federal Law of June 28, 2022 No. 203-FZ, challenges of its application concerning the lack of regulated list of norms the criminal record for which constitutes an element of a crime. Materials and Methods: the study is based on the dialectical materialistic method of cognition of the patterns of objective phenomena and processes of reality that take place in criminal law protection of human rights and freedoms. In addition, general scientific and particular scientific methods are used in the work, such as analysis, synthesis, comparison, logical method and the study of documents - resolutions of the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, related to qualification issues. Results: the author establishes the evaluative nature of the concept of violent crimes in general and crimes committed with the use of physical violence in particular; insufficiency of relevant explanations of the court; the presence of different approaches to its definition of the range of these crimes in criminal law and criminology. The inconsistency of the text of Part 2 of Art. 1161 of the Criminal Code of the Russian Federation to its tasks, the fallacy of the approach to establishing the repetition of beatings if they are committed by those convicted of crimes committed with the use of violence. A list of crimes that can be considered legally identical and similar to beatings is being developed, and its legislative consolidation is proposed. Discussion and Conclusions: related qualification problems and a high risk of violating the principles of legality, guilt, justice and humanism in the implementation of criminal liability are identified. It is proposed to limit the range of crimes, conviction for which forms the repetition of beatings. In this regard, a new edition of the norm under study is formulated.