Problematic Issues of the Correlation of Circumstances Aggravating Punishment with Qualifying Factors

Abstract

Introduction: the issues of the correlation of aggravating circumstances with qualifying factors provided for in the Special Part of the Criminal Code of the Russian Federation are of particular importance in the science and theory of criminal law. However, the main layer of proceedings is assigned to the subjects applying the law. The law enforcement officer faces a number of issues related to the definition, correlation and delineation of aggravating circumstances, which are fixed in the General Part of the Criminal Code of the Russian Federation and qualifying constituent elements. Of course, the resolution of these issues affects the measures of criminal responsibility and criminal punishment. Methods: the methodological framework for the study includes a whole range of methods of scientific cognition, among which the methods of system analysis and synthesis are of fundamental importance. Results: the paper presents the analysis of the circumstances aggravating punishment and their correlation with qualifying factors, which are fixed in the articles of the Special Part of the Criminal Code of the Russian Federation. The factors that make it possible to distinguish between circumstances aggravating punishment and qualifying factors are considered and classified. Conclusions: a comparative analysis of the correlation of circumstances aggravating punishment and qualifying factors allows concluding that qualifying factors, unlike aggravating circumstances, affect not only the imposition of punishment, but are also directly taken into account in the process of differentiation of criminal responsibility and in the classification of specific criminal acts.