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- Title
КВАЛІФІКАЦІЯ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ: ПОНЯТТЯ І КРИМІНАЛЬНО-ПРАВОВЕ ЗНАЧЕННЯ
- Authors
Панов, Микола
- Abstract
The article considers the concept of "qualification of criminal offenses" which is extremely important for the proper application of the law on criminal liability, setting a fair punishment for a person convicted of a criminal offense, criminal law regulation on the principles of rule of law, legality, justice. It is substantiated that the qualification of criminal offenses performs an extremely important function of a specific means of establishing and determining in a socially dangerous act committed by a person a certain body of criminal offenses (legal assessment of the act) as a mandatory element of criminal liability. The structural elements of the qualification of criminal offenses are considered: its object (committed socially dangerous act); grounds - factual basis (socially dangerous act as the main element of a criminal offense), legal basis (composition of a criminal offense, defined in the criminal law), the content of the qualification as a specific type of cognitive activity (epistemological and formal-logical aspects) delimitation of related criminal offenses and delimitation from lawful acts. It is concluded that the qualification of criminal offenses is the establishment of the exact compliance of the signs of a socially dangerous act with the mandatory features of criminal offenses defined in the criminal law, combined with the delimitation of related criminal offenses and delimitation of noncriminal offenses. The purpose of the article: to clarify the meaning of the term "qualification of criminal offenses", to define this concept at the level of definition, to form proposals for the correct application of the law on criminal liability in the qualification of criminal offenses. The main result of the study: the proposed definition of the concept of "qualification of criminal offenses", formulated recommendations for the procedure of qualification of socially dangerous acts belonging to the class of criminal offenses.
- Subjects
UKRAINE; CRIME; LEGAL liability; CRIMINAL liability; CRIMINAL law; ACT Assessment; PUNISHMENT
- Publication
Law of Ukraine / Pravo Ukraini, 2021, Issue 9, p117
- ISSN
1026-9932
- Publication type
Article
- DOI
10.33498/louu-2021-09-117