Проблеми визначення поняття «кримінально-правова кваліфікація»

Abstract

The issue of defining the concept of "criminal legal qualification" was considered. It is noted that in order to regulate the most important social relations, the state adopts laws that establish generally accepted rules of behavior. The law on criminal liability is one of the important means of protecting life, health, honor, dignity, inviolability and security of a person as the highest social value, the state system of Ukraine, its political and economic systems, property and the entire legal order from criminal encroachments and a means of combating them. Only the law on criminal responsibility contains criminal law norms that determine the general provisions of criminal law, which establishes the principles and grounds of criminal responsibility, criminality and punishment of acts, grounds for exemption from criminal responsibility and punishment. Therefore, the practice of applying the criminal law is of great importance. One of the most important issues in the application of the criminal law is the issue of criminal legal qualifications. It is emphasized that many works are devoted to the issue of qualification in criminal law. In each scientific work, in which the question of the criminal-legal qualification of a criminal offense was considered, each scientist gave its concept. However, in the middle of the last century, we spoke more narrowly about the qualification of crimes, in the future, the study of this issue was approached more broadly, and today we are talking about the criminal-legal qualification. The views of scientists on the definition of the concept of "qualification of crimes" and "criminal legal qualification" are disclosed. It is noted that V.Navrotskyi's scientific works dealt more deeply with the issue of criminal-legal qualifications. It has been established that the concepts of criminal law qualifications in Ukraine are defined by scientists, as a rule, in scientific works, textbooks on criminal law, relevant monographs, manuals. The law does not contain this concept, which is a gap in the legislation. It is noted that a working group on the development of criminal law has been created in Ukraine, which proposed a draft of the Criminal Code of Ukraine, which provides the concept of criminal-legal qualification. Yes, the criminal legal qualification is the definition of an article (its part, clause) of this Code that provides for the committed act and defines it as a criminal offense (including articles that provide for signs that change the degree of severity of the crime, the presence of preparation for a crime or an attempt to commit a crime , type of accomplice and form of complicity) or as an act that is not a criminal offense. It was concluded that the concept of criminal-legal qualification given in the Draft Criminal Code of Ukraine is clear and reflects the essence of qualification as a process and result of a certain direction of law enforcement activity. Enshrining criminal legal concepts in the legislation contributes to the improvement of criminal legislation, the elimination of gaps in the previous law and will help law enforcement officers in the application of criminal legal norms.