Principles of criminal law. The concept of the tasks of criminal law.

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2018-03-23 17:23:07

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Criminal law – this is a legal independent institution of law, which is part of the legal system. From other branches of the criminal law is a smart object, that is, the area of public relations that regulate the norms specified in the normative legal acts of the Russian Federation. In recent legal scholarship is increasingly possible to hear the views of researchers in the field of law, which state that criminal law is not a characteristic of a subject of legal regulation because the scope of relations regulated by legal norms, for example, administrative, public or civil. As for the considered branch of law and basic principles of criminal law in Russia, the above experts give him only a protective function, stating that the criminal law acts as a way of ensuring other industries.

Adhering to the classic understanding of the sector in question rights as an individual unit, it should be noted that the industry has principles of criminal law of the Russian Federation. Thus, the principles of criminal law in the General classification refers to those fundamental principles, on which, indeed, are all those regulatory norms that govern the specified area of public relations. Functions and principles of criminal law have specific content that has a certain classification is very ambiguous sense.

Principles of criminal law in the Russian Federation are divided into General, which is inherent in the whole system of law, and, as a consequence, the considered fields of law and principles of criminal law the branch of destination. Fundamental principles of criminal law specific purpose reveal the peculiarities of legal regulation of this branch of law. Again, by analogy with the subject of legal regulation, there is a view expressed that there is no need for allocation of branch principles as General principles acting through the branch principles. Thus, the industry principles are not seen through the prism of common. However, the principles of criminal law legislated in the Criminal Code of the Russian Federation. These include the principle of legality, the definition of the equality of all individuals before the law, the fault of the citizen, the principle of humanism and the principle of justice. The value of each of these fundamental principles also articulated quite clearly in the Penal Code. The main functions of criminal law, on the principles which the entire industry can be attributed, precautionary and protective. Criminal law in General has a specific purpose which is clearly defined in the law – protection of the rights and freedoms of the individual in society, the protection of private property of the citizen and the protection of public order. In addition, protection of the constitutional system of our country, the environment and important social institutions, without which the state simply cannot exist as a system of state bodies of power and administration. These functional tasks and principles of criminal law right is enshrined in the law, but the means of solving these problems is the determination of the grounds and principles of responsibility, which arises in criminal law, moreover, the definition of crimes. Additionally, the means of decision designed tasks should be added and the establishment of penalties and other punishments of a criminal nature. With regard to preventive tasks of the considered branch of law, it is resolved by the psychological impact on the consciousness of the citizen who does not violate the rights of other persons, law-abiding. In addition, have an impact on the consciousness of those individuals in society that allow the different types of deviant behavior.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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