When it comes to the criminal law of the Russian Federation and its structure, one of the most important is the question of such concepts as "sources of Criminal Law", "Criminal law and its structure", "criminal rate".In this article, I'll describe these concepts and their essence.
Criminal Law - the most important factor among those that influence the effectiveness of the fight against crime.It is no secret that the more fully it will take into account the real conditions of life of society and the state of crime at the moment, the more successful it will be implemented basic functions.
criminal law and regulations in its composition - the main sources of criminal law of the Russian Federation.They are characterized by a number of features that describe the effect of the existing law and explain its purpose.Thus, the criminal law is a legal act which is adopted by the Federal Assembly (the legislative and representative body of the Russian) and signed directly by the President.In addition, such a law has supreme legal force throughout the state.There are a number of legal acts that are taken solely on the basis of the Criminal Code.In the first article of the Criminal Code states that all new laws that criminalized should be made to this document.The basis of the Criminal Code - the Constitution of the Russian Federation and the general principles and norms of international legal relations.Thus the main objective of the criminal law - the solution of specific problems of protection of the public from crime and criminal attacks.
Considering all these facts, we can confidently say that the phrase "sources of criminal law" is incorrect, as it is in Russia this source alone, and that is the Criminal Code.Only this document contains only all criminal provisions on which the working field of criminal law and all its organs.
There is a misconception that the guidelines clarify cases of the Supreme Court and the decision of the Constitutional Court - is also a source of criminal law, but it is not so.The thing is that they do not create new rules and clarify existing in the Criminal Law.Thus, the acts, which contain the interpretation of the law, not its source.
characteristic feature of criminal law - its codification.This means that absolutely all the penal provisions contained in the articles of the Criminal Code of Russia.The set of standards clearly codified, and has a definite structure: the Criminal Code consists of general and specific parts, sections, chapters, articles, parts and items.With this structure of the document, you can quickly and accurately determine the norm, according to which the offender or suspect of a crime will be held criminally responsible.
peculiar sources of criminal procedural law in Russia - this is the appropriate legal norms in international law, ratified by our Parliament.So, if the established norms of international standards, they should be changed or brought into line with them.
criminal law, as contained in the Special Part are two structural elements - the sanction and disposition (in the General Part of the sanctions available).Called the disposition of the rule that describes the elements of a crime.The disposition can be simple (name offense), descriptive (name and description of the main features of a criminal offense), referential (refers to other rules to avoid repeats) and blanket (a reference to the legal acts).Sanctions are part of the rule that determines the type of sentence and its limits.Sanctions are relatively certain and alternative.Regarding some may set a minimum and maximum sentence, alternative - include several forms of punishment.
Thus, the main sources of criminal law - legal norms that underlie one of the main source of the Criminal Code.
