PROBLEMS OF DIFFERENTIATION OF CRIMINAL INFRACTIONS AGAINST ADMINISTRATIVE OFFENSES AND CRIMES Rakhmetov Sattar Mukanovich

Abstract

The article provides an analysis of criminal laws of some foreign countries, which defines and identifies elements of a crime. At the same time the advantages of criminal law in the countries where the social danger is recognized among the mandatory elements of a crime.

The question regarding the presence or absence of signs of social danger of the act often causes controversy in law enforcement. Therefore, the establishment of the characteristic of public danger of the criminal offense is of great practical importance. It is also important in legislative activities, including the recognition of an act a criminal offense.

The concept of criminal offenses is the new criminal legislation of the Republic of Kazakhstan, as before this concept was not used. Linked to this is the need for interpretation of this new concept. The article gives a critical analysis of the Criminal Code provisions of the Code of the Republic of Kazakhstan on Administrative Offences, which provides a definition of the concept of a criminal offense, crimes and administrative offenses. Given the clarification of the content of these concepts, disclosed their shortcomings. The problems of differentiation of criminal offenses against administrative offenses and crimes. Proposals for improving the provisions of the Criminal Code of the Republic of Kazakhstan, which contains the definition of a criminal offense