Ivanina Y. Grounds of the criminal-legal qualification

The thesis is devoted to the analysis of theoretical, methodological and practical problems of determination the grounds of criminal-legal qualification (here in after – c.l.q.) and the formulation on this basis the theoretical stances directed to deepening of the c.l.q. theory and the development of practical recommendations for improving the law-enforcement activities of persons who carry out a criminal-legal assessment of socially dangerous acts. In this work the state of scientific development of the problematics of determining the grounds of c.l.q. is studied; the use of systemic, hermeneutic and synergetic approaches as the main ones is grounded; the c.l.q. as a component of the application of the law on criminal liability is analyzed, and understanding of c.l.q. is clarified. The approaches to the understanding of the grounds of c.l.q. are specified, and the categorization of their types in the criminal-legal doctrine is proved; the factual grounds of c.l.q. and problems of its determination according to the norms (requirements) of the Criminal-Procedural Code of Ukraine are analyzed; controversial approaches to determination elements of a crime, criminal-legal norms and articles of the Criminal Code of Ukraine as the normative ground for c.l.q. are characterised, and on the basis of this the stance on the recognition of the criminal-legal norms specifically as a normative ground is additionally reasoned; some of additional grounds of c.l.q. are separated and characterized; the peculiarities of the cognizance of judicial practice (opinion of the court (precedents)) in the process of the c.l.q. are clarified; the features of cognizance of the ECHR decisions in the process of c.l.q. are determined. On the grounds of the conducted research, the theoretical statements and practical recommendations on the improvement of the relevant law enforcement practice are formulated.