Issues of Determining the Systematicity in the Qualification of Crimes

The article analyzes the issues of determining the systematicity in the qualification of criminal offenses. Based on the conducted research, the author concludes that there are no uniform criteria for determining the evaluation feature — systematicity, quantitative and temporal characteristics. The author shows that the systematicity is determined differently in different types of crimes, in particular in the article, in the note to the article or in the explanations of the Resolutions of the Plenum of the Supreme Court of the Russian Federation. The examples given in the paper show striking differences in criteria. So, systematic can be suitable: at least once, more than twice, or three or more times. By time, this may be at least once a quarter, during the year, during the period of the prescribed measures, or there are no specific time limits. The use of analogy according to the norms of the Criminal Code of the Russian Federation is prohibited, and there are not always norms defining the criteria for the qualification of evaluative concepts. The conducted research allows us to conclude that it is necessary to develop unified approaches to the interpretation of the norms of legislation on systematization and their consolidation in criminal legislation.

Authors

Institutions

Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2024-08-29
DOI
https://doi.org/10.17803/2311-5998.2024.118.6.121-128
Citations
1
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
0.69
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Issues of Determining the Systematicity in the Qualification of Crimes

A. D. Dashieva
1 citations
Courier of Kutafin Moscow State Law University (MSAL)
Wildlife Conservation and Criminology Analyses
0.69
article

Issues of Determining the Systematicity in the Qualification of Crimes

A. D. Dashieva
article en
1 citations

Abstract

The article analyzes the issues of determining the systematicity in the qualification of criminal offenses. Based on the conducted research, the author concludes that there are no uniform criteria for determining the evaluation feature — systematicity, quantitative and temporal characteristics. The author shows that the systematicity is determined differently in different types of crimes, in particular in the article, in the note to the article or in the explanations of the Resolutions of the Plenum of the Supreme Court of the Russian Federation. The examples given in the paper show striking differences in criteria. So, systematic can be suitable: at least once, more than twice, or three or more times. By time, this may be at least once a quarter, during the year, during the period of the prescribed measures, or there are no specific time limits. The use of analogy according to the norms of the Criminal Code of the Russian Federation is prohibited, and there are not always norms defining the criteria for the qualification of evaluative concepts. The conducted research allows us to conclude that it is necessary to develop unified approaches to the interpretation of the norms of legislation on systematization and their consolidation in criminal legislation.

Courier of Kutafin Moscow State Law University (MSAL)(6)
Kutafin Moscow State Law University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 26%
Wildlife Conservation and Criminology Analyses
0.69
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.