TO THE QUESTION ABOUT CLASSIFICATION OF THE FORMS AND TYPES OF THE MULTIPLE OFFENSES

The article examines the problems of classification of the forms and types of multiple offenses. The theoretical provisions of the grounds for classification of the forms and types of multiple offenses are analyzed. The provisions of the criminal law are studied in parts of regulating the forms and types of multiple offenses: the repeated of crimes, the recidivism. Based on an analysis of the theoretical provisions and norms of the current legislation, a conclusion is drawn about the gap in the legal regulation of the institution of the multiple offenses n the Criminal Code of the Russian Federation, as amended. The considered provisions of the current legislation and judicial positions show that the current Russian criminal policy is currently mainly aimed at unifying the criminal liability of persons who have committed a crime for the first time and repeatedly, and not at the traditional task of differentiating criminal liability taking into account the forms and types of multiple offenses. This complicates the law enforcement problem of distinguishing between the multiple offenses and a single crime. Many issues related to the understanding of the multiple offenses and the application of the relevant articles of the Criminal Code of the Russian Federation in the classification of crimes, sentencing and exemption from criminal liability and punishment are resolved by direct order of the highest courts and are often not the same for different forms and types of multiple offenses, crimes, contrary to the principle of legality. In such circumstances, it is impossible to ensure a uniform law enforcement practice, which contradicts major principle of criminal law the principle of equality of citizens before the law. The conclude that it is necessary to legislatively take into account the increased social danger of the forms and types of multiple offenses and the identity of the perpetrator in order to differentiate criminal liability. In conclusion, a conceptual series is proposed taking into account the increasing social danger of the forms and types of multiple offenses and the identity of the perpetrator.

criminal policy, differentiation of criminal responsibility, multiple offenses, repeated crime, recidivism, nature and degree of public danger, forms of multiple offenses, types of multiple offenses, criminal Code, reoffenses crime.

Semenova D. M. To the question about classification of the forms and types of the multiple offenses. Business. Education. Law, 2020, no. 1, pp. 337–342. DOI: 10.25683/VOLBI.2020.50.170.