About the stages of qualification of circumstances, excluding the criminality of the act

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The article considers the problems of understanding and filling the stages of qualification of circumstances excluding the criminality of an act that have not received theoretical coverage. It is concluded that such stages are: 1) adoption and 2) consolidation of decisions regarding the provision of established factual circumstances by the relevant provisions of criminal legislation. Each stage is subjected to an independent analysis. The content of the first stage is recognized as mental activity, the result of which can be a positive or a negative decision. It is based on the signs of circumstances that exclude the criminality of the act, and it is characterized by a certain order. At the same time, the signs of circumstances excluding the criminality of the act are sufficient to distinguish these circumstances and are formulated in such a way that they exclude competition. Attention is drawn to the fact that the notes to a number of articles of the Special Part of the criminal legislation reflect special circumstances that exclude the criminality of the act, but they are not legitimized by the General Part. The content of the second stage is the objectification of the decision made at the first stage. Moreover, it is established that in criminal legislation the regulation of the second stage does not occur, and in criminal procedure legislation, the basis for refusing to initiate or terminate a criminal case and issuing an acquittal in the presence of circumstances precluding the criminality of the act is the absence of a crime event in the sense of not the absence of an event at all, namely a crime.