Problems of Implementing the Principle of Subjective Imputation in Criminal Law

The purpose of the study. The given article examines the concept of «subjective imputation» in Russian criminal law and identifies problems which arise in the process of legal qualification. This leads to the necessity of developing the author's understanding of the concept and essence of subjective imputation.

Conclusions. Based on current legislation, the author of the article points out that the subjective imputation is a principle of criminal law that should not be violated in judicial practice. With this understanding the author does not pretend to cover all aspects of the chosen topic for research, but rather focuses on specific issues related to violations of the principle. In this regard, the study emphasizes the importance of implementing the principle of subjective imputation in the qualification of continued crimes, it is also noted that there is inconsistency in the explanations of the Plenum of the Supreme Court of the Russian Federation which regard to the different types of crimes. Therefore, it is suggested that the rules for qualifying ongoing crimes should be unified accordingly to the principle of subjective imputation rather than being ruled by the actual circumstances of the case, which are often the result of objective imputation. Explanations regarding to the value of stolen property are inconsistent with the principle of subjective imputation when it is substituted by a lesser value fraud mechanism. In conclusion, it is elicited that a deviation from the principle of subjective imputation through legal judicial interpretation creates a threat to the rights and legitimate interests of individuals, violating their rights and undermining legality and order in society. This can lead to arbitrary interpretation of the criminal law, which can sometimes be applied differently in various cases.