Abstract: The paper discusses controversial issues of legal qualification of the murder committed in the heat of passion, examines the concept of "affect", there are circumstances to be included in the content of this concept. In our time, murder in the heat of passion has become a common phenomenon. Reason for the selection of the murder committed in the heat of passion in a specific crime is that the decisive factor in the Commission of this murder is special as a wine - physiological affect.

Key words: criminal law, crime of passion, the legal qualification, the murder of passion, the criminal code, object, subject, objective side, subjective side.