Qualification Errors: Nature, Patterns, Types, Consequences

Abstract

Introduction. The need to study qualification errors is based on the fact that they are not accidental at all, but a completely natural phenomenon. It should be understood that any human activity, especially one related to cognition, carries with it the risk of error (“еrrаrе humanum est” – “to err is human”). Therefore, from a social point of view, it is quite natural that qualification errors were made in the past, take place in the present and, unfortunately, are inevitable in the future. On the other hand, since the errors themselves, and their causes and consequences, can be typified and categorised, there is a good reason to talk about their specific laws. In addition, in Russian scientific literature, quite a lot of attention is paid to the study of such generic concepts as “legal error”, “law enforcement error”, “investigative error”, “judicial error”, all of which provide a general description of qualification errors, as well as an analysis of the application of specific criminal law institutions and norms that directly characterize qualification errors. This can not be said about the specific characteristics of qualification errors. Theoretical Basis. Methods. The theoretical basis of the study was the work on the problems of qualification of crimes, as well as work in the field of legal theory, dedicated to law enforcement errors. The methodological basis was the principles of the dialectical method of knowledge, general science (analysis, synthesis, induction, deduction, classification, description) and “chastnonauchnogo” (comparative legal, sociological, system-structural, formal-logical) methods. Results. The article reveals the signs characterizing qualification errors, based on the analysis and generalization of judicial practice. Their detailed systematization is carried out, and the legal and social consequences of qualification errors are highlighted and classified. Discussion and Conclusion. The significance of the study lies in the fact that its results can contribute to the development of general theoretical ideas about the legal, law enforcement, investigative and judicial errors, enrich the teaching of qualification of crimes and qualifying error, and create a basis for improving enforcement.