THE CATEGORY OF «CRIME» IN THE CRIMINAL LEGISLATION OF THE EAEU COUNTRIES

Abstract

The article examines the criminal legislation of the EAEU member states in terms of defining the concept of crime. The criminal law category "crime" is the central category for the vast majority of jurisdictions. However, there is a change in the approach to categorization in the Republic of Kazakhstan, which consists in the emergence of a new "super–category" in relation to the crime - "criminal offense". The research methodology includes the use of such methods as axiological, logical, which allows you to significantly expand the subject of research. However, due to the specifics of the study, the comparative method is used as the main one. The analysis of the concept and signs of a crime contained in the criminal legislation of the EAEU member states, which have almost identical content, is carried out. The concepts of crime and criminal misconduct in the criminal legislation of the Republic of Kazakhstan, as well as ways and problems of their differentiation, are discussed separately. In conclusion, the author concludes that the introduction of criminal misconduct into the Criminal Code of the Republic of Kazakhstan and the formation, in this regard, of the super-category "criminal offense" causes criticism related to the problems of delineation of crimes, criminal offenses and administrative offenses, as well as the substitution of the concepts of crime and criminal offense.