CONCEPT, METHODOLOGICAL FUNDAMENTALS AND STEPS OF QUALIFICATION OF WRONG DEEDS
Keywords:
qualification, rule of law, qualification of the act, crime, investigator, criminal and criminal procedure codes, legal assessment, investigator, inquiry officer, prosecutor, court, act.Abstract
In this article, the concept of qualification of an act, methodological bases and stages, qualification of crimes is a complex process. requires. This is because in the process of qualifying a particular crime, a person’s performance is assessed by studying the facts of the case and determining the content of the criminal law common to all such crimes in the Special Part of the Criminal Code. There are basically two types of qualification of an act in criminal law: 1) formal (legal); 2) informal (doctrinal). Formal qualification is carried out by the inquiry officer, investigator, prosecutor and judges on the basis of criminal and other legal norms and is formalized by a decision. The legal literature states that the criteria for formal qualification are: a) the assessment of the act has legal significance; b) has a certain legal effect; (c) Qualifications apply to specific criminal cases. Unlike formal qualifications, informal qualifications do not have any legal consequences because they are performed by entities that do not have the authority to prosecute (e.g., lawyers, media professionals, legal scholars engaged in scientific activity). Therefore, when it comes to qualifying an act, it is often understood as a formal form.
