2025, Vol. 5, Iss. 4 - go to content...

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Leskova I.V., Javadyan Yu.R. Features of the cognitive approach to the classification of crimes with a reduced composition. Cognitive Sciences in the Information Society. 2025; 5(4). Available at: https://knio.ru/PDF/08KN425.pdf (in Russian).

Features of the cognitive approach to the classification of crimes with a reduced composition

Leskova Irina Valerievna
State University of Education, Moscow, Russia
E-mail: leskova.i@yandex.ru
ORCID: https://orcid.org/0000-0001-6083-6692
RSCI: https://elibrary.ru/author_profile.asp?id=510760

Javadyan Yuri Rachikovich
Krasnodar University of the Ministry of Internal Affairs of the Russian Federation, Stavropol, Russia
E-mail: yura.dzhavadyan00@mail.ru
RSCI: https://elibrary.ru/author_profile.asp?id=1083474

Abstract. A crime and its composition are the starting point in the qualification of socially dangerous acts, which can be considered as a crime under certain conditions. All these circumstances indicate the need to determine the qualitative characteristics of the elements required for this purpose. According to the authors, the relevance of the study is due to the specific features of the qualification of a crime with a reduced composition. This is reflected in the issues of distinguishing between the compositions of a particular type and other (possibly identical) types of compositions, based on the stages of committing a criminal act and the realization of an intent aimed at achieving a specific result. An analysis of the existing points of view in the scientific literature allowed the authors to establish the most acceptable features in terms of qualification requirements. In particular, the article addressed the issue of separating the legal and factual framework for the implementation of a socially dangerous (criminal) act. The relationship between the two main factors, the legal and the factual, served as the starting point for the authors to develop their own scientifically based opinion on the issue at hand. Based on the results obtained, the authors examined the need for the separation of truncated criminal offenses, identified their distinctive features, and determined the significance of the truncated criminal offense for criminal law and legal practice in general. According to the authors, by establishing the truncated form of a criminal offense, the legislator has created conditions for ensuring the reliable protection of the most significant social relations. This approach is primarily practice-oriented, which creates the necessary conditions for improving the quality of justice in our country.

Keywords: crime; elements of a crime; truncated elements of a crime; construction of the objective side; formal elements of a crime; qualification of crimes; problems of qualification of a crime

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