Annotation: The aim of the article is the need to conduct a study of affect as a criminal legal category, which is associated with problems in law enforcement practice in the qualification of privileged compositions of murders and causing serious harm to health in the heat of passion. The problems of determining affect lead to errors in the qualification of crimes. The solution of the research tasks predetermined the complex of research methods and the essence of the phenomenon under study. Such a set of methods includes the dialectical method of cognition, the method of analysis and synthesis, a systematic approach that contribute to a comprehensive and substantive study of the issues raised. The scientific novelty of the study is that based on the analysis of the provisions of criminal legislation, as well as the opinions of scientists, a proposal is made to understand affect as a special emotional state of the subject, as well as to consolidate a clearer concept in the disposition of Article 107 of the Criminal Code of the Russian Federation. The scientific and practical significance of the provisions of the article is as a methodological basis for the development and implementation of ways to solve problems that are associated with responsibility for crimes committed in a state of passion.

Annotation: The article deals with the problems of bringing to administrative responsibility for committing petty hooliganism, provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation. Taking into account the variety of forms of manifestation of petty hooliganism, the problems associated with the presence of many evaluative concepts as part of this administrative offense are revealed. It is noted that currently the concept and content of “obscene language” is not formulated in the legislation, there is no definition of a public place, which allows the law enforcement officer to determine whether the composition of this offense is present in the acts of persons independently, at his own discretion and convictions. The study also revealed other problems associated with this administrative offense, for example, such as the lack of a differentiated approach to sentencing. The study was conducted using scientific sources, judicial practice, as well as the draft Code of Administrative Offenses of the Russian Federation. Based on the analysis, recommendations are made aimed at improving the qualification of the composition of an administrative offense provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation