ESTIMATION OF ERRORS IN QUALIFYING MALFEASANCES

Abstract

Analyzing the current legal situation in Russia the author comes to the conclusion that in
the field of qualification of crimes there are not enough acts of official interpretation of provisions
of the criminal law and there is no unified approach to understanding basic concepts and
rules of a legal assessment. These circumstances directly affect the effectiveness of the criminal
law and affect the accuracy of the legal skills and the application of articles provided for in
Chapter 30 of the Russian Criminal code. The article evaluates the nature and contents of errors
in the definition of crimes against state service as a criterion of the effectiveness of criminal
law providing for criminal responsibility for malfeasances. The author groups studied error in
the qualification on various grounds in order to improve the quality of the qualification of the
criminal law acts.
The article analyzes the standard error of the court allowed in connection with a wrong
definition subject and object of the crime, the obligatory signs of the objective side of a crime,
subject and qualifying signs of a crime. Part of the error is allowed in connection with a wrong
definition general and special rules and not knowledge of the principles of qualification of
crimes.
The author analyzes the reasons of failed qualification, why officials of law enforcement
agencies allow these mistakes for their further prevention. The article raised the important
question of the influence of correct and accurate qualification of crimes against state authorities,
interests of public service on increase of level of legal culture and legal education of citizens
and formation of intolerance to corruption in conduct.