• Criminal legal regulation: concept, content, system and forms of manifestation
• Criminal law - legal tools for criminal legal regulation
  • Social facets of criminal law
    • Social facets of criminal law - page 2
  • The concept of criminal law in Russia
  • Criminal law system
  • Criminal law in the system of other branches of law
  • Mechanism of criminal law regulation
  • Subject and method of criminal law regulation
    • Subject and method of criminal legal regulation - page 2
  • Objectives of criminal law regulation
  • Functions of criminal law regulation
  • Principles of criminal law regulation
• Criminal law
  • The concept of criminal law and its features
  • Sources of criminal law
    • Sources of criminal law - page 2
  • Structure of criminal law
  • Criminal law norm
  • The effect of criminal law over time
    • Types of criminal law action over time
    • Time of crime
  • The action of criminal law in space
    • The action of criminal law in space - page 2
    • The action of criminal law in space - page 3
    • The action of criminal law in space - page 4
    • The action of criminal law in space - page 5
  • The effect of criminal law on a circle of persons
  • Interpretation of the law
  • Extradition of persons who have committed crimes
• Criminal liability
  • Social nature of criminal liability
  • Criminal liability is a phenomenon of individual legal consciousness
    • Criminal liability - a phenomenon of individual legal consciousness - page 2
  • Criminal liability in the structure of the socio-legal space
    • Criminal liability in the structure of the socio-legal space - page 2
    • Criminal liability in the structure of the socio-legal space - page 3
  • Concept of criminal liability
  • Objective-subjective nature of the basis of criminal liability
  • Basis of criminal liability
• Crime
• The concept of crime, its types
  • Crime, its generic and specific characteristics
    • Crime, its generic and specific characteristics - page 2
    • Crime, its generic and specific characteristics - page 3
  • Public danger of crime
    • Public danger of crime - page 2
    • Public danger of crime - page 3
  • Legal nature of the concept of crime
    • Legal nature of the concept of crime - page 2
    • Legal nature of the concept of crime - page 3
  • Types of crimes
    • Types of crimes - page 2
    • Types of crimes - page 3
    • Types of crimes - page 4
• Corpus delicti
  • The concept of corpus delicti
  • The meaning of the crime
  • Elements and signs of a crime
  • Types of crimes
  • Composition of the crime and qualification of the crime
• Object of the crime
  • The concept of the object of a crime
    • The concept of the object of a crime - page 2
    • The concept of the object of a crime - page 3
    • The concept of the object of a crime - page 4
  • Classification of crime objects
    • Classification of crime objects - page 2
• The objective side of the crime
  • The concept of the objective side of the crime
  • The act as an element of the objective side of the crime
  • Public danger and illegality of the act
  • Consequences of the crime
  • Causality as necessary condition criminal liability in material compositions crimes
    • Causality as a necessary condition for criminal liability in the material elements of a crime - page 2
  • Optional signs of the objective side of the crime
• Subject of the crime
  • The concept of the subject of a crime
  • Age as a sign of the subject of a crime
  • Sanity and insanity
  • Criminal liability of persons with mental disorders that do not exclude sanity
  • Liability for crimes committed while intoxicated
  • Special subject (perpetrator) of the crime
• The subjective side of the crime
  • General characteristics of the subjective side of the crime
  • Guilt concept
  • Forms of guilt
  • Intentional form of guilt and its types
    • Intentional form of guilt and its types - page 2
  • Careless form of guilt and its types
  • Double form of guilt
    • Double form of guilt - page 2
  • Optional signs of the subjective side of the crime
    • Optional signs of the subjective side of the crime - page 2
  • The concept of error and its legal significance
• Stages of committing a crime
  • The concept of stages of an intentional crime
  • Completed crime
  • Preparing for a crime
  • Attempted crime and its types
    • Unfinished assassination attempt
  • Voluntary renunciation of crime
    • Voluntary renunciation of crime - page 2
• Complicity in crime
  • Concept and signs of complicity
    • Content and nature of guilt in case of complicity
  • Types of accomplices in crime
    • Perpetrator of the crime
    • Instigator of crime
    • Accessory to crime
    • Organizer of the crime
  • Forms and types of complicity
  • Liability of accomplices
    • Failed Complicity
• Circumstances excluding the criminality of the act
  • Necessary defense
    • Conditions for the legality of necessary defense related to the attack
    • Conditions for the legality of necessary defense related to defense
    • Exceeding the limits of necessary defense
  • Causing harm when detaining a person who has committed a crime
  • Urgent necessity
    • Urgency - page 2
  • Physical or mental coercion
  • Justified risk
    • Justified risk - page 2
  • Execution of an order or instruction
  • Other circumstances excluding the criminality of the act
    • Other circumstances excluding the criminality of the act - page 2
• Multiplicity of crimes
  • The concept and types of a single crime
    • Concept and types of a single crime - page 2
  • The concept and signs of plurality
  • Set of crimes
  • Recidivism of crimes
    • Recidivism - page 2
  • Competition (conflict) of criminal law norms
    • Competition (conflict) of criminal law - page 2

Types of crimes

As is known, general concept corpus delicti is a means of understanding specific elements of crimes and allows general view subject to scientific analysis their elements and characteristics, classify these elements and characteristics and elements of crimes containing them. The general corpus delicti is the basis for correct definition in each specific case of the presence or absence of a particular crime in a person’s actions.

In other words, the general corpus delicti in the science of criminal law is a kind of theoretical basis for the correct qualification of the committed act, because the general concept of the corpus delicti contains that universal set of elements and features that characterize the necessary elements and features of each crime.

All elements of a crime in the theory of criminal law are divided depending on the signs (properties) characterizing the object, the objective and subjective sides, as well as the subject of the crime. The classification of elements of a crime is based primarily on such criteria as: the degree of social danger of the act, the structure or method of describing the elements and characteristics of the crime in the law.

According to the degree of public danger, three types of crime are distinguished: basic (simple), qualified (with aggravating, qualifying features) and privileged (with mitigating features).

Basic (simple) a crime is recognized that contains a set of objective and subjective features that always occur when a certain type of crime is committed, but does not provide additional features that increase or decrease the level of social danger of the crime.

At the same time, the same criminal act, depending on certain characteristics related to the object (the importance of the object being violated, etc.), the objective side (for example, the method, place, time, etc. crime), to the subjective side (the presence of selfish or other motives, etc.) or to the subject of the crime (special official or official position, age, etc.), may contain varying degrees of public danger.

If these and other similar signs aggravate the guilt and therefore affect the qualification (qualifying signs), they are taken into account by the legislator in the article of the Special Part of the Criminal Code, along with the main elements, qualified elements of the crime are identified.

All additional circumstances included in the crime and changing its qualification should be recognized as qualifying features. It is proposed to call such circumstances qualifying, i.e. entailing a change in the classification of the crime, the emergence of a new sanction, differentiation of punishment, in other words - reinforcing qualifying features (L. L. Kruglikov).

It seems that the main thing in this issue is not so much the terminological formulation of these signs (although this is an important aspect of the problem), but rather their identification. The qualified corpus delicti, as a rule, is formulated in different parts or paragraphs of the corresponding article of the Special Part of the Criminal Code using a terminological model like: “The same act.”

Criminal legislation provides for a fairly significant number of qualifying criteria, of which the most often used are: grave consequences, violence, criminal record, especially dangerous recidivism, organized group, base motives, etc.

By their legal nature, qualifying features are dual in nature. On the one hand, they are included in the totality of signs of a crime and in this regard have a certain set of features that characterize them as signs of a crime. On the other hand, they are a kind of (often significant) “appendage” to the main composition, since they are not included in the only possible set of signs of a socially dangerous act, which defines it, according to the law, as criminal and criminally punishable.

Qualifying signs reflect the degree of social danger of a certain type of behavior, since they indicate a significant change in the level of social danger compared to that reflected by the signs of the main composition. However, the absence of qualifying characteristics or their failure to confirm them during the investigation or trial does not automatically entail the exclusion of corpus delicti from the act, since it may contain elements of the main corpus delicti.

The qualifying elements of a crime must be distinguished from factors that serve only as mitigating or aggravating circumstances. The main difference between them is that the qualifying elements of a crime are a means (technique) of legislative differentiation, first of all, of responsibility, and through it, punishment.

Circumstances mitigating or aggravating punishment are a way of individualizing only punishment, and therefore they are taken into account only when assigning punishment, because they provide the court with the opportunity to vary the choice of the type and amount of punishment within the sanction of the article, reducing it or, accordingly, increasing it.

Particularly aggravating features, if they are included by the legislator in the relevant article of the criminal code, can affect the creation of a particularly qualified crime, designated by the legislator with a phrase like: “Actions provided for in parts one and two of this article,” etc.

Privileged(with mitigating circumstances) is the corpus delicti, which, in addition to the main elements, also contains signs with the help of which the legislator differentiates responsibility in the direction of reducing it. The privileged composition may be contained either in different parts of the same article of the criminal code, or may be provided for in a separate article.

The proposed classification of elements of crime is not the only one in the theory of criminal law and the practice of applying criminal law. In addition to dividing elements of crime according to the degree of social danger of the act, in the theory of criminal law they are also divided according to the method of describing the elements and characteristics of the crime in the law.

Thus, according to the specified criterion, it was proposed to divide all elements of crime into simple and complex. Simple elements of crime, in turn, are divided into descriptive and blanket; complex - into alternative ones, with two actions, with two forms of guilt and with two objects (A. N. Trainin).

It seems that such a division of elements of crime into types is not entirely justified for the following reasons. First of all, in the theory of criminal law, there is a generally accepted rule according to which the corpus delicti cannot be blanket, since it always contains a description of certain specific features of the crime.

Only a criminal law norm can be blanket. In addition, it is hardly advisable to classify alternative elements of a crime as complex, because in essence this is a special description by the legislator in one criminal law norm of several different elements of a crime, each of which has a set of certain characteristics and is therefore considered as independent.

According to most scientists, all elements of a crime, according to the way their characteristics are described in the law, should be divided into: simple, complex and alternative.

Simple corpus delicti is a composition containing a description of one act, parts or stages of which do not form an independent crime. In other words, each element of the crime is presented in a single copy.

Difficult corpus delicti is a composition the legislative structure of which is complicated by the inclusion in it, in addition to elements or characteristics in a single number, of additional quantitative elements or characteristics, but in their entirety they represent one corpus delicti.

Complex crimes, in turn, are divided into:

1. elements of a crime in which one element or several elements of a crime are not single (several objects, two forms of guilt, etc.);
2. elements of a crime in which one crime is constructed by the legislator himself from several crimes that, in relation to another situation, have a relatively independent meaning, but in this particular crime they play the role of only its elements or characteristics.

The last subtype of crime has its own varieties, namely the composition:

• with two objects (robbery, etc.);
• with two mandatory actions (rape, etc.);
• with two forms of guilt (illegal abortion, resulting in the death of the victim through negligence, etc.);
• with two or more consequences (intentional infliction of grievous bodily harm, resulting in the death of the victim through negligence, etc.).

Alternative corpus delicti is a composition that describes not one criminal act or method of action, but several alternative options, the presence of at least one of which is the basis for resolving the issue of criminal liability. The elements of a crime of this type are divided into elements:

• with two or more alternative actions(illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices);
• in which the legislator, within one crime, organically combines two other crimes (robbery).

According to the design features of the signs of the objective side, the elements of crime are divided into: material, formal and truncated.

Material corpus delicti is a composition, the end of which the legislator associates with the onset of a criminal result (consequences). If an act aimed at achieving a criminal result obligatory for a given crime does not lead to its occurrence, there will be no completed crime. The perpetrator in this case will be held liable for attempting to commit the relevant crime.

Formal Forms are recognized in which, in order to have a completed crime, only the commission of an act specified in the law is required, regardless of the occurrence of certain consequences that may be caused by this act.

In fact, the resulting consequences in the formal elements of a crime can serve as either qualifying characteristics or aggravating circumstances.

Truncated corpus delicti is a corpus delicti that, to be considered complete, does not require not only the occurrence of a criminal result, but also the completion of those actions that can cause these consequences. The legislator considers truncated crimes to be completed at an earlier stage of criminal actions (robbery, banditry, etc.).

Good evening, dear readers of the Sprint-Answer website. In this article we will take a closer look at the question of the second round of today's TV game "Field of Miracles" for October 20, 2017. All the questions raised in today’s episode, as well as the answers to them, can be found in the articles on our website in the same section.

There are a lot of synonyms for the word “cook”. A person skilled in cooking is a cook. A woman who prepares food is a cook. The cook of a military unit is a cook. The ship's cook is a cook. What is the name of a qualified cook who runs a small restaurant or canteen? 9 letters

What is the name of a qualified cook who runs a small restaurant or canteen?

To answer this question, we need to look into the dictionary of synonyms, and here's what you can find in it.

Synonyms for "cook":
Culinary – a person skilled in cooking, a cook.
Cook, cook - in everyday life a woman who prepares food.
Cook - one who works in the kitchen, prepares food, cook (an outdated word).
Cook - a cook in a military unit or in a workers' artel (special).
Cook - marine, ship, ship, sailor's cook. An officer is called a cook.
Kuhmister (from German Kchenmeister) is a qualified cook or owner of a small restaurant, canteen (obsolete).

Thus, we found out that the correct answer to the question in the second round of the game is: Kuhmister(9 letters).

In many areas of life, you can often hear about the presence or absence of any qualification. From the article you can learn that qualification is a very broad concept and even its term has two main translations.

Meaning of the concept

WITH in English the term translates as “quality,” meaning the degree of merit exhibited. In an older translation (from Latin), the word “qualification” is a combination of the words “what” and “to do.” In other words, how good is what is being done.

Depending on the application, the term means an assessment of the degree of quality or specified levels.

Types of qualifications

Qualification is a fairly broad concept. There are various types of it, distinguished depending on the scope of application:

• in education, this is the level of training of those who graduated from an educational institution (secondary or higher);
• V labor relations- level of manifestation professional qualities, degree of suitability to certain requirements;
• in sports - preliminary (qualifying) competitions;
• in criminal law - the assessment of a specific socially dangerous action.

In addition to division by field of application, the qualifications of the employee and the job are distinguished.

Employee qualification

For an employee, qualification is the degree of his training in a professional sense. In other words, this is the level of his training, the presence of experience, theoretical and practical skills to perform a certain type of activity. Most often, qualifications are established in the form of a category or rank.

An employee has the right to take advanced training courses and then receive a higher category or rank. This will also increase his wage. But if the employee cannot confirm the existing category, the employer will have the right to lower it and even terminate the employment contract.

The procedure for determining the level of training of a professional has its own characteristics in each individual country. They are prescribed in labor legislation.

Job qualifications

This characteristic is established depending on the degree of complexity and responsibility of the employee during execution labor responsibilities. It is determined in accordance with existing records of tariff and qualification categories that relate to a specific specialization.

What are job qualifications and why are they important? It is used when setting tariff rates and salaries, from which wages are calculated. In simple words, wages depend on qualifications.

Professional qualifications

That's what they call it vocational training an employee who has to perform a certain type of activity. The work requires one or another qualification, determined depending on its expected complexity and the required quality of performance.

Most often, the following steps exist:

• primary vocational education allows you to be a worker;
• secondary education - technician;
• higher - a specialist.

Among working specialties, there are 6 categories, which are registered in a special grid. As a rule, vocational schools graduate workers of 3-4 categories.

There is a network for teachers. So, after graduating from a higher educational institution, a teacher takes up a position as a specialist and works without a category. Then he can raise it to 2nd, 1st, highest. The last qualification level in pedagogy is the category of teacher-methodologist.

The employees have their own grid. It consists of 18 digits.

Do not forget that in real working conditions, qualifications on a grid do not always correspond to real skill. In addition to advanced training, the employee must have a sense of responsibility, professional duty, and civic maturity.

Subjective side extortion is characterized by direct intent. The perpetrator realizes that he has no rights to someone else’s property, is aware of the nature of the threat used as a means of achieving the transfer of property to him, the right to it, or the commission of an action of a property nature in his favor, and wants, with the help of such a threat, to force the victim to fulfill his demands. At the same time, he is guided by a selfish motive and pursues the goal of illegally obtaining property benefits or evading material costs.

The literature on criminal law notes a motive that may not only be selfish.

Subject extortion - a person who has reached the age of 14 years.

Qualified and highly qualified personnel

The qualified elements of extortion (Part 2 of Article 163) are characterized by:

A) committed by a group of persons by prior conspiracy;

B) repetition;

B) with the use of violence.

The first two qualifying characteristics coincide in content with the same characteristics for theft. The third sign means the use of violence not associated with causing harm to health (restriction of freedom, beatings, mockery, etc.), as well as causing light or moderate harm to health.

In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice on cases of extortion" dated May 4, 1990 No. 3, extortion should be considered repeated in all cases where a person previously committed one of the crimes specified in the note to Article 158 of the Criminal Code of the Russian Federation, regardless of whether he was convicted for them.

Extortion cannot be classified as repeated if, by the time this crime was committed, the statute of limitations for bringing to criminal responsibility for a previously committed crime, specified in the note to Art. 158 of the Criminal Code of the Russian Federation, as well as if the criminal record for it has been expunged or removed due to an act of amnesty or pardon.

Repeated demands for the transfer of property or rights to property addressed to one or more persons do not constitute repetition if these demands are united by a single intent and are aimed at taking possession of the same property.

Violence should be understood as beatings, causing minor bodily injury that did not result in short-term health problems or minor permanent loss of ability to work, as well as other violent actions associated with causing physical pain to the victim or restricting his freedom if this did not create a danger to life or health .

Particularly qualified elements of extortion (Part 3 of Article 163) include four features:

A) committed by an organized group;

B) the purpose of obtaining property on a large scale;

C) causing serious harm to the health of the victim;

D) committed by a person who has previously been convicted two or more times for theft or extortion.

The first and last signs have the same content as in the case of theft. The second means that the extortionist demands to transfer to him property, the value of which is five hundred times higher than the minimum wage, or demands to transfer to him the right to property in the same amount, or to perform other actions of a property nature, the result of which should be the receipt by the perpetrator of a large property benefit .

In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of crimes against personal property” dated September 5, 1986 No. 11, when determining the size of the stolen property, one should proceed from its value at the time the crime was committed at state (retail) prices, and if It was established that the victim purchased the stolen goods at a commission or at a market price, then at these prices. If there is no price, the value of the stolen property can be established on the basis of an expert’s opinion.

In accordance with the resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of extortion” dated May 4, 1990 No. 3 and the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 25, 1995 No. 5 “on some issues of application by courts of legislation on liability for crimes against property" causing major damage is calculated based on the note to Article 158 of the Criminal Code of the Russian Federation, where the cost criterion is established by the Federal Law of July 1, 1994 and is more than 200 minimum wages existing at the time the crime was committed.

If repeated extortion was committed with a single intent against the same person and caused a total of large damages, then such actions should be qualified under Part 3 of Article 163.

Moreover, when qualifying, the value of both the property transferred to the extortionist and the value of the property damaged or destroyed by him is taken into account.

Causing grievous bodily harm means that the victim suffered the consequences described in Part 1 of Article 111 of the Criminal Code of the Russian Federation, either as a means of coercion to fulfill the illegal demands of the extortionist, or as a result of violence applied to the victim. These consequences are fully covered by the elements of especially qualified extortion and do not require additional qualifications under Article 111 of the Criminal Code. However, if as a result of causing grievous bodily harm, the death of the victim occurred, which was not covered by the intent of the perpetrator, then the act must be qualified under the totality of paragraph “c” of Article 163 and Part 4 of Article 111.

It is necessary to distinguish between extortion committed by prior conspiracy by a group of persons (Part 2 of Article 163) and committed by an organized group (Part 3 of Article 163). In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of crimes against personal property” dated September 5, 1986 No. 11, an organized group should be understood as a stable association of two or more persons for the purpose of committing one or more crimes. The stability of the group can be evidenced by the preliminary planning of criminal actions, the preparation of means to implement the criminal intent, the selection or recruitment of accomplices, the distribution of roles between them, etc. The actions of persons who committed extortion as part of an organized group, regardless of the role of each group member, should be considered as co-perpetrator without reference at the station 32, 33 of the Criminal Code of the Russian Federation).

Violence provided for in paragraph “c” of Part 2 of Article 163 covers not only beatings, which are punishable in themselves with a maximum of arrest (Article 116), but also intentional infliction of moderate severity on health, the qualifying types of which are punishable by imprisonment for up to five years (Part 2 of Article 112), as well as torture, if it did not entail the consequences specified in Article 111, qualifying types of which may be punishable by imprisonment from three to seven years (Part 2 of Article 111). Consequently, extortion committed with the use of qualifying types of violence (specified in part 2 of article 112 and part 2 of article 117) must be classified as a set of crimes 13.

In its entirety, extortion committed with the infliction of grievous harm to the health of the victim should be qualified (clause “c” of Part 3 of Article 163). Causing this harm under qualifying circumstances (parts 2-4 of article 111) is punishable no less severely than qualifying types of extortion (parts 2 and 3 of article 163).

Absorption of infliction of grievous harm to health under such circumstances, Article 163 is not appropriate, therefore, to qualify extortion associated with the intentional infliction of grievous harm to health only according to the totality of crimes.

- (by this, see the previous word). Equipped with qualities corresponding to given properties. Dictionary of foreign words included in the Russian language. Chudinov A.N., 1910. qualified (see qualify) having a certain qualification,... ... Dictionary of foreign words of the Russian language

See this... Dictionary of Russian synonyms and similar expressions. under. ed. N. Abramova, M.: Russian Dictionaries, 1999. qualified, known, real; skillful, skilful, competent, efficient, effective; characterized... ... Synonym dictionary

QUALIFIED, qualified, qualified; qualified, qualified, qualified (book). 1. par. suffering past vr. from qualify. 2. only full. Highly qualified and experienced. Skilled worker. ❖… … Ushakov's Explanatory Dictionary

QUALIFIED, oh, oh; an, anna. 1. Highly qualified and experienced. K. worker. 2. full Requiring special knowledge. K. labor. | noun qualifications, and, women. (to 1 value). Ozhegov's explanatory dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949 ... Ozhegov's Explanatory Dictionary

skilled- - [L.G. Sumenko. English-Russian dictionary on information technology. M.: State Enterprise TsNIIS, 2003.] Topics information Technology in general EN knowledgeableadvanced... Technical Translator's Guide

skilled- oh, oh; an, Anna 1) Having good special training, highly qualified, experienced. Qualified worker. Qualified personnel. Synonyms: literate, skilled, skillful Antonyms: unskilled... Popular dictionary of the Russian language

skilled- possessing certain qualities; a qualified worker with significant training... Reference commercial dictionary

1. qualified, an, ana, ano, ana, pr. 2. qualified, an, anna, anno, anna, adj... Russian word stress

Adj. 1. Highly qualified [qualification II] (about a person). 2. Possessing special knowledge, skills and abilities; experienced (about a person). 3. Requiring special knowledge, highly qualified[qualification II] (about the work performed,... ... Modern explanatory dictionary of the Russian language by Efremova

Qualified, qualified, qualified, qualified, qualified, qualified, qualified, qualified, qualified, qualified, qualified, qualified,... ... Forms of words

Books

• Crown of Hecate, Alexandrova Natalya Nikolaevna. A qualified expert and world-famous restorer, Dmitry Starygin was an adventurer in life and, despite his quiet desk work, he experienced so many interesting and dangerous...
• Crown of Hecate, Alexandrova N.. A qualified expert and world-famous restorer, Dmitry Starygin was an adventurer in life and, despite his quiet desk work, he experienced so many interesting and dangerous...