Importance of the principles of criminal law in the classification of crimes

¹ Far Eastern Branch of the Federal State Educational Institution of Higher Education Russian State University of Justice, Khabarovsk, Russia
² Federal State Budgetary Educational Institution of Higher Education Baikal State University of Economics and Law, Irkutsk, Russia
³ Scientific Research Institute of Economic and Legal Researches of Karaganda Economic University, Karaganda, Kazakhstan

^* Corresponding author: volkovka@mail.ru

Abstract

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.