THE LEGAL ERROR IN THE CRIMINAL LAW OF THE RUSSIAN FEDERATION: CONCEPT AND CONSEQUENCES

Crime, as a social phenomenon, is closely related to the society itself. The fight against this inherent negative phenomenon is an important aspect of the life of any modern society. According to the prescriptions of the law and the moral principles of people, punishment should be fair and most accurate. The authorized state bodies and officials carry out the qualification of the deed in order to reflect what happened as accurately and correctly as possible and to be able to make a further decision, which will definitely affect the future life of a person. This explains the importance of the role of the institution of error in criminal law in the qualification of the offense. Therein lies the problem of error in criminal law, which is explored in this article. According to one of the most frequently used classifications of criminal law errors, they are all divided into two types: factual error and legal error. The authors investigate precisely the second type due to its practical significance. The article reveals the pluralism of the term “legal error”. In addition, the authors also disclose and analyze the main classifications of this institution. An important point in the study is the legal consequences of a legal error in the criminal law of the Russian Federation. For each type of legal error under consideration, the court practice is given, which makes it possible to trace the process of applying this legal institution in a real case. Concluding the analysis of the problem of applying the rules of qualification of the offence in the presence of a legal error, the authors conclude that there is a need for legislative regulation of the legal error in the criminal law of the Russian Federation.

criminal law, crime, qualification of the offense, judicial practice, legal error, alleged crime, positive error, negative error, presumption of knowledge of the law, legal consequences.

Gileva N. S., Kaygorodova O. V., Kaygorodova O. V. The legal error in the criminal law of the Russian Federation: concept and consequences. Business. Education. Law, 2021, no. 3, pp. 271—275. DOI: 10.25683/VOLBI.2021.56.368.