Qualification of a Crime as a Part
of Modern Reality in Terms of Law and Order
and Philosophical Approaches to Its Comprehensione
Doc. JUDr. Vasiliy V. Marchuk, Ph.D.
State Institution Scientific and Practical Centre for Problems of Reinforcing Law and Order of the Prosecutor’s Office of the Republic of Belarus, Belarus
Introduction: Philosophical principles of crime qualification methodology can be defined through their synthetic impact on the cognitive process dedicated to understanding of criminal (deviant) behavior that is reflected in the model of the created in accordance with law and constitution limits. This aspect justifies the attempts to invent new innovative approaches and adjust their usage in the cognitive process of the crime event which is regarded as a specific occurrence in the modern reality in terms of law and order. Such events need to be adequately assessed by lawyers and all those whose competence includes the right to give an estimate with regard to such events.
Methodology: The study in question was conducted in accordance with the principle of methodology pluralism, which means that multiple methods were deployed while planning as well as doing the research. The methods used include such as dialectic, natural law, hermeneutic – phenomenological, structurally – functional, and epistemological explication approaches.
Results: The philosophical and methodological premises, or principles, that play a major role in the attempts to qualify a crime have a special meaning, namely a meaning of the postulating ideas that are often viewed as directing the cognitive process and are buttressed by the main branches of philosophical knowledge: ontology, axiology, and epistemology.
Received: 15.02.2018 Accepted 29.03.2018
Law and order reality, crime situation (occurrence), crime qualification, methodology principles