Criminal law: aspects of the action and interpretation

in 1996 adopted a new Criminal Code of Russia, which has replaced the Soviet.It is necessary to emphasize, because the new legislation has sought to substantially change the system itself.A number of formulations no longer valid, and the punishment given to conform to international regulations, which at that time signed by our country.Criminal Law aims to become the basis for the protection of life and health of citizens.Protection of the public interest is being given secondary importance.

Application of criminal law

This is a complex issue that causes an ambiguity in the scientific community.But law enforcers important that existed unambiguous provisions which govern the immediate implementation of the law.The action involves three components that must be open: in time, space and number of persons.

Action Time

important position, because it depends on the destiny of man in conflict with the norm.As a general rule, the law can not be retroactive.Criminal law has such a provision, but in general this notion GENERAL.There are exceptions, of which only two.One of them - if eliminated criminality.For example, a person serving a sentence under speculation.The current criminal law does not have such a composition, so the person is released.The second related to the mitigating circumstances.If the newly accepted norm softens the fate of the offender or in any way improve the situation, it is applied.

action in space and on the number of persons

question is not complicated, so merged into one.In the space of the criminal law applies to the entire territory of the Russian Federation (land, water, air space), as well as the continental shelf and exclusive economic zone.As for the action group of people, then, of course, the rules apply to all citizens of the Russian Federation.There are other categories of people: those who has lived in Russia, but has no citizenship (stateless), foreigners and stateless persons, crimes which are directed against the state and the military, whose parts are not teriitorii country.

interpretation of criminal law

There are lot of kinds of interpretations.We will not describe them in detail, because the essence is to ensure that there is an official interpretation of the complex and informal.Official authorized body means that it provides.The State Duma may give comments to articles.In addition, there is the highest court - the Supreme Court.In the Resolution of the Plenum given official interpretation.Criminal law - established industries, and the changes are occurring less frequently.Nevertheless, there are doctrinal interpretations, which are contained in the writings of theoretical scientists (books, dissertations, and so on. D.).There are other kinds of interpretations, such as the literal, grammatical or restrictive.


Criminal law is intended to establish the principles of responsibility and punishment for their actions.At the same time you need to perform a major constitutional problem - the protection of life and health of citizens.And only in the background are the interests of society and the state.