The problem of differentiation of crimes and other offenses

The legislative definition of the concept of a crime and its features is of great theoretical and practical importance, it is a necessary condition for the rule of law and the observance of human rights and freedoms. The signs of individual offenses specified in the Criminal Code of Mongolia coincide with the signs of other offenses, while the degree of public danger and harmfulness of illegal actions is not always detailed in legislative acts. All this creates the problem of the objectivity of classifying an unlawful act as a crime, bringing such a person to criminal liability. The article cites specific crimes and administrative offenses, where the official wording of the compositions practically coincides, which causes significant difficulties in the practice of their application and creates conditions under which the human rights and freedoms guaranteed by the Constitution of Mongolia are significantly violated. A significant shortcoming of the criminal and administrative laws of Mongolia is the lack of a distinction between a crime and a misdemeanor according to a material criterion. The revealed facts testify to the relevance of the theoretical development of the issues of delimitation of crimes and other offenses. Recommendations are given for improving the current legislation.