LawCriminal law

Criminal law and ways to regulate legal norms. Types of methods of criminal law.

Criminal law is an individual branch of law, which, by analogy with other branches of law, has its own method of regulating legal norms. The method as a set of legal means of influencing public relations, determined by the norms of the considered branch of law, is a very capacious and diverse concept in the legal literature. It should be noted that the method also serves as the basis for an additional character for dividing the whole right into branches. The question of the method of legal regulation seems complicated and poorly studied throughout the legal science. As for the considered branch of law, according to the general rule of practice of legal order, the method of legal regulation is oriented to the application of penalties for violation of criminal restraining norms. But this interpretation of the method of legal regulation seems to be a concept of a narrow profile, which is determined by the multitude of components entering into the very content of the method.

The criminal law of the Russian Federation can be classified as components of the method of legal regulation of the RF: the procedure for establishing rights and obligations, the definition of legal facts that are the beginning of legal relations, the relationship between the parties in the legal relationships that have arisen, ways and means to ensure the rights of subjective appointment. The combination of these characteristics in the theory of legal doctrines allow us to define three methods of legal regulation. They include a ban and order, as well as permission. The latter is expressed in the primacy of the administering norms. The prescription acts as an administrative-legal form of regulation. Prohibition as a method of legal regulation of the industry, criminal law is directly conditioned by the norms of criminal law. It is taken into account that the considered branch of law is intended to determine the crimes and punishability of acts that are dangerous for the individual, for citizens in the state and to determine models of socially dangerous behavior that is prohibited by the law of the country.

It should be noted that all types of legal regulation of the criminal law branch can also be found in other branches of law. Here it should be said that in each branch of law the definite method of legal regulation, which was mentioned above, is decisive. That is, in one branch of law the method of prescription is decisive, in another branch of law - permission, in the third branch - the prohibitive method. The criminal legal way of legal regulation is not limited to prohibitive norms. That would be wrong. According to an example, the norms of criminal law on the necessary defense are of an empowering nature, which allows one to assert that the method of permitting as a method of legal regulation exists in the criminal law branch. These methods of legal regulation in each branch of law has characteristics that are complementary to the main ones. They can be specific methods and concretize methods of inter-industry designation. So, relations of criminally-legal protective type are regulated by certain methods. These methods include: the use of criminal punishment, the removal of criminal responsibility and penalties, the use of medical measures to subjects who are mentally incompetent to commit crimes, suffering from various mental disorders, to drug addicts. These measures are compulsory.

Investigation of the object and method of legal regulation of the industry criminal law formulates the conceptual apparatus of the industry in question. It should be noted that international criminal law does not differ in anything from this industry, nevertheless, it has the characteristic features that are inherent only in this industry, existing and acting on the international arena.

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