Criminal assessment оf аn act committed in the presence of qualifying signs as insignificant

Introduction: the article is devoted to determining the possibility of assessing an act aggravated by qualifying circumstances as insignificant through the analysis of legislative prescriptions, legal positions of the Constitutional Court of the Russian Federation and the opinions of individual scientists in the field of criminal law. Materials and Methods: the basis of the study was the provisions of criminal legislation, decisions of the Constitutional Court of the Russian Federation, scientific publications of scientists on the topic under consideration; in the study, both general scientific and specific scientific methods were used. Results: the article identifies the main problems arising in the implementation of the normative prescription of Part 2 of Art. 14 of the Criminal Code of the Russian Federation; The author of the article examines the opposite approaches to solving the issue of the possibility of recognizing an act committed with qualifying signs as insignificant. Discussion and Conclusions: on the basis of the study, the author concludes that, first of all, the law enforcement officer needs to establish the signs of the main composition, and then the presence of qualifying ones. However, the presence of a qualifying feature in itself cannot indicate the danger of an act, since they are not criminals, but perform only the function of differentiating responsibility.