Scientific article

UDK 343.2

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Alina S. Klishina
bachelor’s degree, Saratov State Law Academy
(Saratov, Russia),
alina.klishina.18@gmail.com

Problems of qualification on the grounds of the objective side of the corpus delicti

Scientific adviser:
Oksana Y. Krasovskaya
Paper submitted on: 02/16/2023;
Accepted on: 02/22/2023;
Published online on: 04/15/2023.
Abstract. The article analyzes the problems of qualification errors made in the process of determining the signs of the objective side of the crime. The problems faced by the subjects of qualification are considered, some types of errors are analyzed and their examples are given. The result of the work is a number of proposals for solving the problem under consideration.
Keywords: errors, judicial practice, method of criminal encroachment, causing significant damage, robbery, theft

For citation: Klishina, A. S. Problems of qualification on the grounds of the objective side of the corpus delicti. StudArctic forum. 2023, 8 (1): 25–28.

References

Kashepov V.P. Judicial errors in the qualification of the objective side of the corpus delicti // Comment of judicial practice / rev. K.B. Yaroshenko. M.: Institute of Legislation and Comparative Jurisprudence under the Government of the Russian Federation, CONTRACT, 2018. No. 23. pp. 148-160.

Kolosovsky V. V. Error in qualification according to the objective side of crimes / V. V. Kolosovsky // Bulletin of the Chelyabinsk State University. 2002. No. 1(3). pp. 112-121.

Krasovskaya O. Yu. Preventive impact of criminal law on persons of a dangerous condition in the conditions of digitalization of law // Criminal law in the era of artificial intelligence and digitalization: a collection of works based on the materials of the All-Russian Scientific and practical conference with international participation within the framework of the I Saratov International Legal Forum dedicated to the 90th anniversary of the Saratov State Law Academy, Saratov, June 09 2021. Saratov: Saratov State Law Academy, 2021. pp. 209-214.

Krasovskaya O. Yu. Some theoretical and applied problems of assigning criminal punishment to minors in the form of a fine / O. Yu. Krasovskaya // Issues of Russian and international law. 2018. Vol. 8. No. 9A. pp. 245-252.

Krasovskaya O. Yu. System-forming elements of the Russian preventive law / O. Yu. Krasovskaya // Ex Jure. 2022. No. 3. pp. 128-141.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 58 dated December 24, 2019 "On judicial practice in cases of kidnapping, illegal deprivation of liberty and human trafficking" // Bulletin of the Supreme Court of the Russian Federation. Federation. 2020. № 3.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 of December 27, 2002 "Оn judicial practice in cases of theft, robbery and robbery" of December 27, 2002 No. 29 (as amended on December 15, 2022) // Bulletin of the Supreme Court of the Russian Federation. 2003. № 2; Russian newspaper. 2022. № 294.

Resolution of the Presidium of the Supreme Court of the Russian Federation No. 304-P07 of October 3, 2007 "The actions of the convicted person were re-qualified from Paragraph "A" of Part 2 of Article 126 of the Criminal Code of the Russian Federation to Paragraph "A" of Part 2 of Article 127 of the Criminal Code of the Russian Federation" (extract) // Bulletin of the Supreme Court of the Russian Federation. 2008. № 3.

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