A comprehensive study of the main theoretical and practical aspects of the qualification of crimes in the field of economic activity by evaluation criteria

Abstract

The subject of the study is the theoretical, legal and practical aspects of the analysis and consideration of evaluation features in the qualification of economic crimes. The author, focusing on the key provisions of the theory of criminal law devoted to the interpretation of evaluative features of the corpus delicti, formulates their definition itself, classifying species diversity in relation to the norms of Chapter 22 of the Criminal Code of the Russian Federation. Special attention is paid to the elements of blankness, descriptive and evaluative dispositions of articles providing for criminal liability in the economic sphere of management. The importance of certain conceptual normative legal documents of regulatory branches of law, namely: banking, tax, currency and others for the process of correct qualification of certain types of criminal encroachments is emphasized. Exploring normative acts and scientific works in the context of the stated problems, the author uses as the main method of system analysis, as well as universal dialectical, logical, formal-legal, hermeneutic methods in their entirety that allowed a thorough analysis of the technical and legal basis for the construction of certain types of evaluation features within the framework of Chapter 22 of the Criminal Code of the Russian Federation, subdividing them quantitative (size), qualitative (not measurable in value) and cumulative; substantiate the theoretical and practical conclusions presented in the work, taking into account the latest legislative developments and the practical needs of the law enforcement officer. The work contains the author's approaches to such problems as the concept of qualification of crimes, evaluative features of the corpus delicti, the ways of their clarification and species diversity in the field of qualification of crimes of an economic orientation within the framework of the interaction of the doctrine of criminal law and law enforcement activities are formulated. The proposed innovations of the "basic legal structures" form in their entirety the novelty of the work. In addition, the author proposes the adoption of a separate resolution of the Supreme Court of the Russian Federation containing the basic principles for the use of the category of "evaluation features" within the framework of Chapter 22 of the Criminal Code of the Russian Federation for their orderly interpretation and uniform application.