ANALOGY IN THE APPLICATION OF RULES OF QUALIFICATION OF CRIMES

According to Part 2 of Article 3 of the Criminal Code of the Russian Federation, the application of criminal law by analogy is not allowed. In this regard, the question arises: does this norm extend to the rules for qualifying crimes? The purpose of this article is to determine whether it is permissible to apply the rules for qualifying crimes by analogy. Before answering this question, the author used the classification of rules for qualifying crimes, depending on their source of origin, into normative and non-normative, developed in Russian criminal law science. An intermediate conclusion is made that the legislative ban on the application of analogy applies mainly to protective rules of criminal law that provide for a certain type of behavior and the corresponding legal consequences. The article emphasizes the regulatory nature of the few rules of criminal law that provide for the rules for its application. In this regard, the author comes to the final conclusion that the ban on analogy does not extend to normative rules for qualifying crimes. There is also no legislative ban on the application of non-normative rules for qualifying crimes formulated in the doctrine of criminal law or in the resolutions of the Plenum of the Supreme Court of the Russian Federation.