Open AccessANALYTICAL LOGISTICS AND CRIME QUALIFICATION ALGORITHM
Author(s) -
Гузель Зуфаровна Ситдикова
Publication year - 2021
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2021.3.13
Subject(s) - law enforcement , dialectic , process (computing) , computer science , enforcement , algorithm , point (geometry) , russian federation , law , operations research , business , mathematics , political science , epistemology , philosophy , geometry , economic policy , operating system
The qualification of a crime is an analytical process of law enforcement activity aimed at establishing and legalizing the correspondence between the factual circumstances of the analyzed act and the characteristics of the specific crime provided for in the Special Part of the Criminal Code of the Russian Federation. The qualification of a crime defines the «starting point» for activating criminal prosecution. The analytical logistics of the qualification subject undergoes successive stages formed by the qualification algorithm. The correct crime qualification using the developed algorithm justifies the correspondence between the factual circumstances of the act under analysis and the person charged with the crime. Purpose: to analyze crime qualification theory and practice, to develop an analytical logistics system and a model qualification algorithm. Methods: the author applies empirical methods of comparison, description, modeling, theoretical methods of formal and dialectical logic, synthesis, formation of scientific concepts, formulation of laws. The results of the research make it possible to determine the correlative factors influencing the qualification formula, to propose a universal crime qualification algorithm, applicable in both pre-trial and trial proceedings.