RULES OF CONSTRUCTION QUALIFYING AND PREFERRED ELEMENTS OF THE CRIME Rogova Evgeniya Viktorovna, PhD at Law, Associate Professor, The doctoral candidate at criminal policy and the organisation of the prevention of crimes chair. <...> E-mail: rev80@yandex.ru Annotation: The paper proposes solution to some problems related to the legislative embodiment and application of aggravating and privileged elements of the crime , which is one of the means of differentiation of criminal responsibility. <...> Inconsistency circumstances one of the main criteria for evidence of the impossibility of its legislative regulation . <...> The author also reviews the rules of qualified design and preferred types of crimes with their division into those that relate to the content and those that relate to the form. <...> When securing the qualifying and preferred features necessary to minimize the signs of estimates , the vague wording of terminological inconsistency. <...> In the General Part of the Criminal Code should establish a chapter on legislative interpretation of the most 172 difficult to understand the law- qualifying and preferred features. <...> Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian FОНОrКЭТШЧ FОНОrКХ LКа ШП DОМОЦЛОr 7, 2011 № 420- FZ / / Rossiyskaya Gazeta . <...> Vasilevsky A.V. Legal technique in the Criminal Law criminalizes circumstances differentiating // Standardsetting and enforcement machinery in criminal and criminal procedural law. <...> Volzhenkin B.V. On the differentiation of responsibility for corruption (Experience of project development of the Anti-Corruption ) // Differentiation liability in criminal law and process. <...> Collection of Scientific Papers - Yaroslavl: Publishing House Yarosl. <...> Golovnenkov P.V. Criminal code (Criminal Code), the Federal Republic of Germany: the scientific and practical commentary and translation of the text of the law. - 2nd ed . , Pereab . and add. - M.: Prospect, 2013. 312 p. 5. <...> Gribov A.S. Differentiation of responsibility for economic crimes in Russia, Germany and the United States: Comparative Legal Survey: Author. dis. <...> Kostareva T.A. The aggravating circumstance in criminal law: the concept, the legislative regulation, the impact Е.. on the differentiation of responsibility / T.A.Kostareva. <...> Kruglikov L.L. The construction of the crimes of qualified // Jurisprudence. - 1989. - № 2. <...> Kruglikov L.L., Vasilevsky A.V. Differentiation of liability in criminal law. - St. Petersburg: Legal Center Press, 2002. 300 p. 10. <...> Kruglikov L.L., Smirnova L.E. The unification of criminal law. - St. Petersburg: Publishing House <...>