УДК 343:133.3

ORCID: 0009-0001-6135-4131

DOI 10.37566/2707-6849-2024-1(46)-12

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Serhiy BEREZHNYI,

Associate Professor of the Department of Criminal Law and ProcedureKhmelnytskyi University of Managementand Leonid Yuzkov name rights,retired judge of the Court of Appeal,candidate of legal sciences, associate professor

SIGNS OF THE SUBJECTIVE SIDE OF MURDER AS A TYPICAL LEGAL CONSTRUCTION.

The basic law of our state enshrines the conceptual provision, according to which human rights and freedoms and their guarantees determine the content and direction state activities. And therefore the protection of a person from criminal offenses, the protection of his rights, freedoms and legitimate interests is one of the most important tasks of state policy. One of the most important issues in the application of the criminal law is the definition of which one the criminal offense was committed by a person and under what criminal law the offense is foreseen. This issue is resolved in the process of criminal qualification Offenses Demarcation of the components of individual criminal offenses is important significance in the process of carrying out criminal-legal qualification. Meaning of legal practices, precedents and doctrines of criminal law for proper qualification criminal offenses are difficult to overestimate.

The subjective side of criminal offenses (crimes, criminal misdemeanors) is an important part application of the law on criminal liability.

The demands of today require a clear understanding of the theory of the subjective side of the criminal offense and practice. The modern stage of the development of the domestic science of criminal law and process determines the need for further research of scientific views on the theory of qualification criminal offenses and their successful application by law enforcement agencies, which will unconditionally contribute to the correctness and unity of judicial practice in solving tasks criminal proceedings. At the same time, ensuring the unity of practice is implementation the principle of legal certainty, which is embodied in compliance with general principles criminal proceedings established in Art. 7 of the Code of Civil Procedure, by means of the same application specific rule of law in similar legal relations. Correct qualification of a criminal offense for a committed socially dangerous act is mandatory a condition for the administration of justice in accordance with the law and one of the guarantees of compliance the convention requirement of the human right to a fair trial, provided for in Article 6 of the Convention on the protection of human rights and fundamental freedoms of 1950.

Key words: murder, subjective side of criminal offenses (crimes, criminal misdemeanors), theory of qualification of criminal offenses, qualification criminal offenses on subjective grounds, court practice.

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