Abstract
Due to the significant restriction of human rights and freedoms in the course of criminal proceedings, strict compliance with the requirements of the law is a basic principle in the activities of law enforcement agencies and the court. At the same time, the postulate about the possibility of applying the law by analogy in criminal proceedings leads to interesting law enforcement “novelties”. In recent years, officials have issued a document not provided for by the Criminal Procedure Code of the Russian Federation, which is referred to in the police as a resolution on the qualification of a crime, and in the Investigative Committee of the Russian Federation — about the re-qualification of the crime. Therefore, for uniformity in the article, this act will be referred to as a resolution on (re) qualification. In this article, the author sets the task to analyze this document in order to establish its legal nature, its role in the system of procedural legal relations, and also to find out the potential need for legal consolidation. The scientific novelty of the research consists in the following: the criteria for checking criminal procedural documents for legitimacy are proposed; this is the first understanding of the decision on (re)qualification; a scheme for legislative inclusion of the document in the law is proposed. Applied general scientific methods of analysis and synthesis, as well as a private scientific method — legal forecasting. As a result of the scientific study of the law enforcement document, there is a mutual enrichment of both theory and procedural activity.
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