Criminal law - it is the legal right of an independent institute, which is part of the legal system.From other branches of criminal law is the subject of great, that is the area of public relations, which are governed by the rules specified in legal acts of the Russian Federation.Recently, jurisprudence is increasingly possible to hear the views of researchers in the field of law, which state that criminal law does not have the inherent only to him the subject of legal regulation, as the area of relations regulated by sectoral legal provisions, for example, administrative, civil or state.As for the sector in question the rights and the basic principles of criminal law in the Russian Federation, the above-mentioned experts give him only a protective function, stating that criminal law serves way to ensure that other sectors.
Adhering to the classic understanding of the field of law as an individual unit, it should be noted that the industry has the principles of criminal law of the Russian Federation.So, to the principles of criminal law in the general classification are those fundamental principles on which, in fact, are being built all the regulatory norms that regulate the specified area of public relations.The functions and the fundamental principles of criminal law have the specific content of which has a specific classification rather ambiguous sense.
principles of criminal law in the Russian Federation are divided into general, which are inherent in the whole system of law and, as a consequence, considered the field of law and principles of criminal law field assignment.Fundamental principles of criminal law specific purpose reveal peculiarities of legal regulation of this area of law.Again, similar to the subject of legal regulation, there is the view expressed in the fact that there is no need to allocate branch principles, as general principles apply across the industry guidelines.Thus, the branch principles can not be seen through the prism of the general.Nevertheless, the principles of criminal law legislation are decorated in the Criminal Code.These include the principle of the rule of law, the definition of equality of all individuals in the society before the law, a citizen of wine, the principle of humanity and the principle of equity.The value of each of these fundamental principles is also articulated quite clearly in the way the Criminal Code.Among the main functions of the criminal law, the principles of which is built the whole industry, include preventive and protective.Criminal law as a whole has a specific purpose which is clearly defined in the law - it is the protection of the rights and freedoms of the individual in society, and protection of private property of the citizen and the protection of public order.In addition, the protection of the constitutional order of the country, the environment and the important social institutions, without which the country simply can not exist as a system of state bodies of power and administration.These functional objectives and principles of criminal law right enshrined in law, but the means of solving these problems speaks determining the grounds and principles of responsibility, which arises in the field of criminal law, in addition, the definition of the circle of crime.Additionally, the means designed to solve problems, should be added and establishment of punishments and other penalties under the criminal law.With regard to the warning of the problem area of law under consideration, it is decided by the psychological impact on the consciousness of a citizen who does not violate the rights of others, law-abiding.In addition, it has an impact on the consciousness of those individuals in the community that allow for different types of aberrant behavior.