ON THE ISSUE OF NORMATIVE DEFINITION OF THE CONCEPT AND ESSENCE OF QUALIFICATION OF CRIMES

• Published in: Хуманитарни Балкански изследвания Vol. 4; no. 7
• Main Authors: Kondratyuk, S.V, Zakomoldin, R.V
• Format: Journal Article
• Language: Azerbaijani; English
• Published: LLC (EOOD) “SCIENTIFIC CHRONOGRAPH 29-02-2020
• ISSN: 2603-4859
• DOI: 10.34671/SCH.HBR.2020.0401.0021

The article substantiates the necessity of forming an adequate conceptual and categorical apparatus in criminal law, an unambiguous interpretation of the terms, concepts and categories used, reflecting objective processes and phenomena. In particular, a comprehensive analysis of the concept and essence of the qualification of crimes as an intersectoral criminal law and criminal procedure institution is presented. A number of approaches of domestic and foreign criminologists to the formulation of the definition of the concept of "qualification of crimes" and the identification of its nature, essence and meaning are analyzed. The conclusion is made about the duality of the nature of the qualification of crimes and, accordingly, about the dualism of the essence and meaning of this phenomenon. Qualification of crimes is simultaneously presented as a process and as a result, that is, in a dynamic and static manifestation. It is noted that the criminal-legal aspect determines the content of the qualification of crimes, and the criminal-procedural aspect determines the form and procedure. Accordingly, criminal law provisions are primary and are the basis for the qualification of crimes. A number of key distinctive features (features) of this legal phenomenon that affect the definition and essence of the qualification of crimes are highlighted. It is emphasized that the basis of the qualification of crimes in any of its manifestations is always based on evaluation. Conclusions from the undertaken research and, as a result, the author's definition of the concept «qualification of crimes» are formulated.