The structure and concept of the criminal law of the Russian Federation

One of the leading branches of legislation in any state is criminal law. All 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 action, as well as questions of interpretation. To indicate the significance of the issue, it is enough to say that it is the only source of criminal law norms and only on its basis can a person be convicted of a criminal act (action or inaction) and punished.

Concept of criminal law

Before giving such a definition, it is necessary to find out the fundamental term. What is the law? There are many definitions, but they all come down to three components: the possession of a higher legal force, normativeness and adoption only by state representative authorities. Based on this, a complete definition can be given. The law is a special act of the legislative body, adopted in a special order, having the highest legal force, the purpose of which is the regulation of the most important and significant relations in society.

The concept and features of the criminal law are similar. However, they have certain industry specifics. Its norms establish fundamental principles, they determine what acts can be considered a crime, establish a punishment for those who commit them.

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

Basic principles

According to the criminal law (3-7 articles) five main principles are defined. First of all, legality. Crime of a certain action or inaction, punishment and consequences (criminal law) are determined only by the Criminal Code of the Russian Federation, the use of analogy is unacceptable. Secondly, the equality of absolutely all citizens in the face of the law, regardless of gender, age, nationality, religion, social status, etc. It is enough to recall Themis (the goddess of justice from the ancient myths of Greece), whose eyes are hidden by a blindfold, which symbolizes impartiality. Thirdly, the concept and meaning of criminal law is invariably associated with the principle of justice. Punishment or other measures of a criminal law nature must be proportionate to the deed. Fourth, the principle of guilt. Without her, as you know, there is no crime or punishment. A person can be held liable only for those actions or inaction in respect of which his guilt is unconditionally proved. Fifth, humanity. The criminal law is designed to ensure the safety of people and in no case should be aimed at humiliating or causing physical suffering.

Principles are not just the concept of a criminal law, but its basis, according to which the objectives are set: the protection of freedoms and human and civil rights, the constitutional order, public order and security, property, etc. (Criminal Code of the Russian Federation, art. 2).

Criminal Law Structure

The domestic system of criminal legislation is a mirror image of the components of the Criminal Code of Russia. It is a single entity, on top of which is a criminal law. The concept and structure are always considered in aggregate. Traditionally, all sources divide the Criminal Code into two most significant parts: special and general. They, in turn, include sections, chapters with the corresponding names. To make the issue under consideration more clear, just pick up the paper version of the Criminal Code or open it in one of the legal reference systems. The chapters are divided into articles with a serial number and thematic name, which, in turn, significantly facilitates the work with the document and the search for the necessary information. The numbering is also assigned when issuing at the publication of any individual acts of criminal law nature to be included in the Criminal Code of the Russian Federation.

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

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

Hypothesis: concept and types

Under a hypothesis should be understood certain conditions upon the occurrence of which the rules of conduct, enshrined by law, are subject to mandatory implementation. This part of the legal norm indicates certain circumstances of life, the presence of which pushes subjects to relations with each other. The hypothesis can be simple or complex. In the first case, only one condition necessary for the implementation of the norm is indicated, and in the second there are several. Complex hypotheses, in turn, are divided into cumulative and alternative. The former are possible if there are several conditions at the same time. An alternative hypothesis makes the question of the implementation of the norm dependent on one of several factors. There is also a classification by degree of difficulty. In this regard, homogeneous, compound, alternative and difficult-alternative hypotheses of legal norms are distinguished.

Disposition: concept and types

The “Disposition” part reflects subjective and objective signs characterizing an act dangerous to society. This element and the concept of criminal law are the "core" of a legal norm, since it formulates the rules of conduct of the subject. Depending on the method of presentation, the disposition may 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 of the Russian Federation. In the second case, all essential features are described (Art. 209, part 1, etc.). Depending on the degree of certainty and the nature of dispositions, there are absolutely and relatively certain. The former comprehensively establish the duties and rights of the 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 and the amount of punishment for the commission of a certain crime. They can be simple and complex. In the first case, one punishment is contained, and in the second, several. Complex sanctions are divided into cumulative ones, combining several sentences at once (for example, imprisonment and confiscation of property), and alternative ones (dismissal or a fine). Depending on the:

• the nature of the consequences may be: positive and negative;
• degrees of certainty: absolute sanctions containing an exact indication (for example, a fine of 30 thousand rubles) and relative ones - only establish the lower and upper limits or at least one of them;
• the nature of government interventions: punitive, legal, preventive.

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

All persons who have committed crimes in the country are subject to criminal liability in accordance with the Criminal Code of the Russian Federation (it is established by the Constitution, as well as by the law “On the State Border of the Russian Federation”). The crime (public danger) of the act and its punishment is determined by the criminal law (the concept and types are discussed above), which was in force at the time of its commission. That is, within a given period of time, it should already come into force (10 days after its publication or in a timely manner) and still not lose it. It is noteworthy that the domestic criminal law is characterized by retroactive force. That is, if provisions are adopted that eliminate the criminality 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 the interpretation of criminal law

Raising the level of legality, strengthening it, protecting civil rights, public and state interests require that the norms of the head law are applied correctly and accurately. This is impossible to do without understanding the socio-political situation in the country, the meaning of the act, the conditions that necessitated its adoption, goals.

Interpretation is understood to mean the establishment of its content, the identification and clarification of its meaning, the explanation of the terms used by the legislator. It contributes to the uniform application of standards, the elimination of deficiencies. Thus, the concept and types of interpretation of the criminal law are of great practical importance.

Subject classification (official)

It is carried out depending on which body interpreted the law, which also determines its binding.

1. Authentic interpretation. It comes from the body that adopted the regulatory act. These powers are vested exclusively in the Federal Assembly. Such an explanation is binding on 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 compulsory application is limited to the circle of people who use the law, in relation to which explanations were given.
3. Casual interpretation. It is given by all bodies of the judicial system when using a specific law to consider any criminal case (it includes decisions of the Plenums of the Supreme Court, the Supreme Arbitration Court of the Russian Federation).

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

Subject classification (unofficial)

1. Doctrinal - it is carried out by researchers, highly qualified lawyers in textbooks, monographs, scientific articles and commentaries on the law. And although it does not have binding force, it contributes to the correct understanding and practical application of a normative legal act.
2. Professional - it is given by lawyers in relation 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 unprofessional 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 the basis.

1. Grammatical interpretation implies an understanding of the content and meaning through the correct understanding of the concepts and terms used. They are considered from the syntactic, grammatical and etymological sides.
2. A systematic interpretation is carried out by comparing any norm of criminal law with others, establishing its place in the general system, and delimiting it from others that are related in content.
3. Historical interpretation. Its purpose is to clarify the causes and circumstances that determine the adoption of this law, as well as the tasks set before it and comparison with pre-existing analogues.

Volume classification

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

• Restrictive interpretation. With him, the normative legal act is given a narrower meaning in comparison with its literal text.
• Broad interpretation. In this case, the opposite situation: the concept (criminal law, criminal law) takes on a broader meaning compared to what is defined in the text.
• Literal interpretation. It assumes exact correspondence of the meaning to the text and in practice has gained the greatest distribution.