Structure and concept of the criminal law of the Russian Federation

One of the leading branches of legislation in any state is the criminal law. All of its provisions are systematized, codified and reflected in the Criminal Code of the Russian Federation. Next, we consider the concept, objectives and principles of the criminal law, the nature of its actions, as well as questions of interpretation. To indicate the importance of the issue, it suffices to say that it is the only source of criminal-legal norms and only on its basis can a person be found guilty of committing a criminal act (act or omission) and subject to punishment.

The concept of criminal law

Before giving such a definition, it is necessary to find out the fundamental term. What is the law? Definitions can be met a lot, but they all boil down to three components: possession of the highest legal force, normative and acceptance only by state representative bodies of power. Proceeding from this, it is possible to give a complete definition. The law is a special act of the legislative body, adopted in a special order, having the highest legal force, whose purpose is to regulate the most important and significant relations in the society.

The concept and features of the criminal law are similar. However, they have a certain specificity of the industry. Its norms establish fundamental principles, they give a definition of what acts can be considered a crime, establish punishment for the perpetrators.

Any law, not an exception and a criminal one, has a legal basis - it is the Constitution of the country.

Basic principles

According to criminal law (3-7 articles), five main principles are defined. First, the rule of law. Criminality of a certain act or omission, punishability and consequences (criminally-legal) are determined only by the Criminal Code of the Russian Federation, the use of analogy is unacceptable. Secondly, the equality of all citizens in the face of the law, regardless of gender, age, nationality, religion, social status, etc. It is enough to recall Themis (goddess of justice from ancient myths of Greece) whose eyes are hidden by a bandage, which symbolizes impartiality. Thirdly, the concept and meaning of the criminal law are invariably connected with the principle of justice. Punishment or other measures of a criminally-legal nature must be proportionate to the deed. Fourth, the guilt principle. Without it, as is known, there is neither crime nor punishment. A person can be held accountable only for those acts or omissions with respect to which his guilt is unconditionally proved. Fifth, humanity. The criminal law is designed to ensure the safety of people and in no case have the aim of humiliation or physical suffering.

Principles are not just a concept of criminal law, but its basis, in accordance with which the tasks are set: protection of freedoms and human rights and citizens, constitutional order, public order and security, property, etc. (Criminal Code of the Russian Federation, Article 2).

Structure of criminal law

The domestic system of criminal legislation is a mirror image of the components of the Russian Criminal Code. It is a single whole, on top of which there is a criminal law. The concept and structure are always considered in the aggregate. Traditionally, all sources divide the Criminal Code into two most significant parts: special and general. They, in turn, include sections, chapters with corresponding names. To make the issue more understandable, it is enough to pick up a paper version of the Criminal Code or open it in one of the reference and legal systems. The chapters are divided into articles with a serial number and a thematic title, which, in turn, makes it much easier to work with the document and search for the necessary information. Numbering is also assigned when issuing any specific acts of a criminal nature that are subject to inclusion in the Criminal Code of the Russian Federation.

Six sections, 15 chapters and 102 articles include in the general part of the criminal law. The concept and structure of the rule of criminal law deserve special attention. The special part contains, in turn, 19 chapters, united into six sections, and 271 articles.

Hypothesis, disposition, sanction are all structural elements of the rule of law, which traditionally prescribes a three-membered structure. All components, in turn, have types and classifications for various reasons. In addition, they differ depending on whether they belong to the Special or General part of the Criminal Code of the Russian Federation.

Hypothesis: concept and types

Under the hypothesis should be understood certain conditions, when the occurrence of which are subject to mandatory enforcement of the rules of law, fixed by law. This part of the legal norm indicates certain circumstances of life, the presence of which pushes the subjects to relations with each other. The hypothesis can be simple or complex. In the first case, only one condition is indicated, which is necessary for the implementation of the norm, and in the second there are several. Complex hypotheses, in turn, are subdivided into cumulative and alternative hypotheses. The first are possible if there are several conditions at the same time. The alternative hypothesis of the implementation of the norm puts in dependence on one of several factors. There is also a classification according to the degree of complexity. In this connection, homogeneous, compound, alternative and complicated-alternative hypotheses of legal norms are singled out.

Thesis: concept and types

The "Disposition" section reflects the subjective and objective features that characterize a dangerous act for society. This element and the concept of the criminal law are the "core" of the legal norm, since it contains rules for the behavior of the subject. Depending on the method of presentation, the disposition can be simple or descriptive. In the first case, a variant of the person's behavior is indicated, but it is not disclosed, for example, Art. 128, part 1 of the Criminal Code. In the second case, all the essential features are described (Article 209, Part 1, etc.). Depending on the degree of certainty and nature of dispositions are absolutely and relatively specific. The first set out exhaustively the duties and rights of subjects (parties) of legal relations. The latter give the right to take the initiative. Depending on the composition of the disposition, simple, complex and alternative are distinguished.

Sanction: concept and types

The concept of the criminal law of the Russian Federation and the structural element of the norm "sanction" implies the form, as well as the amount of punishment for committing a certain crime. They can be simple and complex. In the first case, there is one penalty, and in the second there are several. Complex sanctions are divided into cumulative, combining several penalties at once (for example, imprisonment and confiscation of property), and alternative (dismissal or fine). Depending on the:

• The nature of the consequences can be: positive and negative;
• Degree of certainty: absolute sanctions containing an exact indication (for example, a fine of 30 thousand rubles) and relative - only set the lower and upper limits or at least one of them;
• Character of state measures of influence: punitive, law-restoring, preventive.

Criminal law: action in space, in time and in a circle of persons

All persons who committed crimes on the territory of the country (it is established by the Constitution, as well as the law "On the State Border of the Russian Federation") are subject to criminal prosecution in accordance with the Criminal Code of the Russian Federation. Criminality (public danger) of the act and its punishability determines the criminal law (the concept and types are considered above), acting at the time it was committed. That is, at a given period of time, it must already come into force (10 days after its publication or in a timely manner) and it should not be lost. It is noteworthy that the domestic criminal law is characterized by a retroactive force. That is, if provisions are adopted that eliminate the crime of the act or its punishability, mitigate sanctions or otherwise improve the position of the person guilty, then they apply to those acts that were committed before their adoption.

The concept of criminal law interpretation

Raising the level of legality, strengthening it, protecting civil rights, public and state interests require that the norms of the head law be applied correctly and accurately. This can not be done without understanding the socio-political situation in the country, the meaning of the act, the conditions that necessitated its adoption, the goals.

By interpretation it is customary to understand the establishment of its content, the elucidation and elucidation of its meaning, the giving of explanations about the terms used by the legislator. It promotes the uniform application of norms, the elimination of shortcomings. Thus, the concept and types of interpretation of the criminal law are of great practical importance.

Classification by subject (official)

It is conducted depending on which authority has interpreted the law, which also determines its binding.

1. Authentic interpretation. It comes from the body that adopted the normative legal act. These powers are vested exclusively in the Federal Assembly. Such an explanation is binding for all citizens and public authorities.
2. The legal interpretation is executed by the state authority, which is authorized by the law (State Duma of the Russian Federation). Its mandatory application is limited to a circle of persons who use the law, for which explanations have been given.
3. Casual interpretation. It is given by all organs of the judicial system when using a specific law to consider a criminal case (including decisions of the Plenums of the Armed Forces, of the Supreme Arbitration Court of the Russian Federation).

The concept and types of interpretation of the criminal law mentioned above refer to official sources.

Classification by subject (unofficial)

1. Doctrinal - it is carried out by researchers, lawyers of high qualification in textbooks, monographs, scientific articles and commentaries to the law. And let it does not have binding force, but it helps to properly understand and apply the normative legal act.
2. Professional - it is given by lawyers with respect to a variety of issues relating to the application in practice of criminal law. It is not binding and does not have legal force.
3. Ordinary - it is given at the usual everyday level by any of the non-professional participants in legal relations.

Classification by method

The concept of criminal law is directly related to how it is interpreted. In this classification, the method, that is, the method by which it is carried out, is taken as a basis.

1. Grammatical interpretation implies the clarification of content and meaning through a correct understanding of the concepts and terms used. They are considered from the syntactic, grammatical and etymological aspects.
2. Systematic interpretation is carried out by comparing a rule of criminal law with others, establishing its place in the common system, delineating from others related to the content.
3. Historical interpretation. Its purpose is to find out the reasons and circumstances that determine the adoption of this law, as well as the tasks assigned to it and comparison with existing analogues.

Classification by volume

As a criterion, the range of acts that fall under the validity of the adopted law is taken. There are three types:

• Restrictive interpretation. With it, the normative legal act is given a narrower meaning than its literal text.
• Expanding interpretation. In this case, the reverse situation: the concept (criminal law, criminal law) takes on a broader meaning than that defined in the text.
• A literal interpretation. It assumes an exact correspondence between the meaning of the text and in practice it has become most widespread.