A sign that aggravates responsibility and affects the qualification of a criminal offense: legal nature and concept

Abstract

The relevance of the research topic is due to the complexity of the problem of differentiation of criminal law regulation and individualization of criminal law influence, which necessitates the need for scientific development and clarification of the legal nature, concept, terminological designation and functional purpose of a sign that burdens responsibility and affects the qualification of a criminal offense (qualifying signs). General scientific and special methods of scientific research, chosen taking into account the subject, goal and tasks of scientific work, determined the achievement of a scientific result.The legal nature of the sign that burdens responsibility and affects the qualification of a criminal offense has been established. The positions expressed in the criminal law literature, which is devoted both to the question of the composition of a criminal offense and to the study of individual compositions of criminal offenses, regarding the understanding of the essence of such a sign and its concept are analyzed. The meaning of the concept of "a sign that burdens responsibility and affects the qualification of a criminal offense" has been clarified. On the basis of the conducted research, the main properties (characteristics) of the sign that burdens responsibility and affects the qualification of a criminal offense have been clarified and formulated. The names of the characteristics under investigation proposed in the scientific literature were analyzed. A proposal has been made regarding the terminological designation of a sign that burdens responsibility and affects the qualification of a criminal offense.The research will serve as a scientific basis for the further resolution of both complex debatable issues of criminal law doctrine regarding the issue of the composition of a criminal offense, as well as the practice of criminal law regulation (legislation) and the criminal law qualification of offenses provided for by the qualified composition of criminal offenses.