The initial meaning of the concept of "criminal law", its origin, scientists explain in different ways. However, researchers are united by a common view on two main components: the concept of crime and punishment. In modern society, this phenomenon is ambiguous: it is considered as a branch of law and legislation, as a direction of science and as a scientific discipline. At the same time, this concept is used in its most precise meaning - the system of criminal law norms that are established by the legislature to regulate and protect society from crime.
Features of the types of social relations that are the basis of dividing the system of law into subsystems, their social purpose, as well as the tasks facing him, reveal the fully described concept. The subject and method of criminal law make it an independent industry, which is closely intertwined with other areas. It is distinguished by its bilateral orientation, which is determined using legal norms. This concept includes the subject of criminal law protection and regulation. It implies those phenomena that are protected and regulated by norms and are subject to investigation within a certain framework.
The subject of criminal law in the field of protection of social relations is directly related to ensuring normal living conditions of an individual and society as a whole. In this context, the norms establish the consequences that citizens bear for an encroachment on public relations.
Criminal law regulation as an object uses two types of relations:
- that arise when a crime is committed between the person who has committed it and the state represented by law enforcement agencies;
- which are the result of acts permitted by law, causing damage to objects. They can exclude criminal actions (for example, extreme necessity).
The subject of criminal law in research is a broader concept. This is due to the fact that science studies not only the current legislation and the practice of its application, but also the social content, ways to improve the industry as a whole or
its individual institutions. Therefore, the subject of the study is the experience with which the whole system of criminal law was built. It includes domestic and foreign views of scientists and practitioners, as well as international experience in cooperation.
In the framework of academic discipline, the subject of criminal law is determined by the totality of the entire complex of knowledge that allows future specialists to acquire theoretical baggage and professional skills.
Criminal law (as an industry) has not only its own subject, but also its own methods of influencing the behavior of persons who committed a criminal act. With their help, it solves the problems associated with the regulation and protection of relations in society. The most famous methods are:
- The ban on committing a dangerous act under the threat of applying strict measures to the violator.
- The use of sanctions prescribed in regulatory legal acts.
- Use of other measures (e.g. medical).
Thus, the subject of criminal law describes social relations taking shape in the scope of the authorizing norms. They are inextricably linked with methods aimed at regulating socially significant behavior of citizens in society.