Annotation

he article substantiates a system-functional model of accounting for the qualifying elements of a crime in the qualification of the deed. Based on the understanding of qualifying features as means of differentiating criminal liability (and not as "aggravating circumstances"), a step-by-step algorithm for their identification and application in activities related to the qualification of crimes is proposed. The algorithm is based on a multi-criteria systematization of qualifying features: according to the elements of the corpus delicti, according to the basis of differentiation, according to the degree of differentiating force, according to the scope of coverage of acts within the article of the Special Part of the Criminal Code of the Russian Federation, as well as according to technical and legal models of consolidation. Using the example of the provisions of individual articles of the Special Part of the Criminal Code of the Russian Federation and the explanations of the Plenum of the Supreme Court of the Russian Federation, typical law enforcement problems are highlighted and it is shown how the algorithm reduces the likelihood of errors in the volume of references, mixing branches of differentiation, incorrect solutions to competition issues, aggregation and double counting.