The Concept of a Criminal Mistake as a Criterion for Determining the Gravity of a Crime
( Pp. 166-171)

The article considers the definitions of a criminal act, which are proposed by experts in the field of jurisprudence and Russian legislators. It is important to legislate the definition of a criminal act, the need for this action is obvious. The most important function in terms of determining a criminal offense, as a criterion for determining the severity of a crime, belongs to the state. The state acts as a regulator of social relations. The above circumstances explain the emergence of the institution of differentiation of responsibility in jurisprudence. Issues that are related to the concept of criminal law as a factor in determining the severity of a crime provoked a strict distinction between criminal law methods and administrative legal methods. The relevance of this issue is confirmed by the fact that the government did not accept this initiative. One of the proposals also concerned the introduction of a number of additions to the Criminal Code of the Russian Federation, it was proposed to introduce an additional article 15.1 “Criminal misconduct”. This is necessary because it allows you to remove a number of controversial issues. The article regulates in detail the procedure for classifying criminal acts specifically to the category of "criminal misconduct", indicating which acts do not belong to this category. Within the framework of this article, it is determined that such types of offenses as causing intentional harm to health, a money laundering operation, selling alcohol to a person who is prohibited, robberies, as well as reports of false terrorist attacks do not fall into the category of "criminal misdemeanors".However, the Supreme Court made a proposal to classify such criminal acts as theft committed for the first time if the amount is small, fraud on a small scale, causing minor material damage to the category of “criminal misconduct”. The main cause of disputes is precisely the list of assignment of criminal acts to this category. The objectives of the study are to analyze the legal framework in the field of regulation of a criminal offense, to identify problems in terms of the concept of a criminal act as a criterion for determining the severity of a crime. In the course of a theoretical study of clothing, one of the most important tasks is to find out the reasons for the introduction of such a term as "criminal misdemeanor", the analysis of special literature will allow us to determine the prevailing opinions regarding this problem and determine the main trends in the further development of this innovation. Particular attention is paid to the analysis of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 42 “On the submission to the State Duma of the Federal Assembly of the Russian Federation of the draft Federal Law “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with the introduction of the concept of a criminal offense” , which was adopted in 2017. One of this study is precisely to identify the contradictions that law enforcement officers face in practice. An analysis of the implementation in practice of these innovations in the field of criminal law will make it possible to develop a number of recommendations and give an objective assessment of the problem under study.Conclusions: The analysis of the regulatory framework, and in particular the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 42, made it possible to draw a number of important conclusions. So the key goal of adopting the introduction of the concept of "criminal misconduct" is the humanization of criminal law. The humanization of legislation is becoming increasingly important, given the current political, social and legal conditions for the development of society. Achieving this goal seems to be quite realistic. It seems not rational to expand the list of crimes for which the commission of which will be followed by involvement in compulsory and corrective labor, so it will be difficult to determine the boundaries of criminal offenses and crimes. There is no indication in the draft that the commission of a criminal offense does not have consequences in the form of a criminal record. Thus, the achievement of the main goal of this innovation in the form of humanization is possible with the elimination of identified minor inaccuracies.

Tokbaev A.A., (2022), THE CONCEPT OF A CRIMINAL MISTAKE AS A CRITERION FOR DETERMINING THE GRAVITY OF A CRIME. Gaps in Russian Legislation, 5 => 166-171.

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criminal offense, severity of crime, court fine, coercive nature, sentence, convicts.