ex post facto law - a legal definition, which is denoted by the extension of the state-sanctioned act on events that occurred prior to its adoption.In other words, the term refers to the legitimacy of the legal consequences of the onset of universally valid rules on the circumstances at the time that that was the case the other rules of conduct.
According to popular tradition, the law is not retroactive.This provision is a legal axiom.The Constitution of the Russian Federation Article 54 excludes the liability of persons for the offense, which was not as such at the time of its commission.However, the document points out that if the new law provides for a lighter sentence compared to the previous norm, the application shall be first.
provisions of the Constitution of the Russian Federation are reflected and specified in the federal law and regulations of the lower levels.Thus, Article 54 of the basic law duplicated and disclosed in the art.10 of the Criminal Code.The legislator makes to the constitutional provision an important addition, which corresponds to the meaning of the wording in the document, has supreme legal authority.But at the same time the position of the Criminal Code provides additional guarantees to citizens.So, according to the author, ex post facto law holds not only if a new rule suggests a more lenient punishment, but also if it is in some other way improves the situation of the offender.
This seemingly minor addition in practice plays a very important role for the perpetrator.Considering the overall policy easing of criminal law that began in the relatively recent past, and as a result, changes in the number of articles of the Code, it can be stated that the offender has a chance to get a more lenient conviction.
noteworthy that the retroactive effect of the criminal law extends its effect on persons who are serving a sentence in accordance with the previously valid norm tougher.Criminal proceedings initiated on the fact of the act, which authorized the decriminalization of the state, terminated, regardless of the stage where he is.
addition to the cases to mitigate or eliminate the penalties the new law, ex post facto law takes place, if the text of legislation is an indication of this.This provision is not enshrined in the Constitution, or even contradict it (considering the article, according to which the Federal Constitutional Law, Law and other generally binding acts of the authorities must improve, but do not worsen the situation of the citizens).For this reason, the legitimacy of this rule can be questioned.
document that has supreme legal force, was passed in a national referendum, and it was assumed that the texts of subordinate legislation required to comply with it.But at the disposal of the citizens is not available, the active and well-functioning legal instrument by which they could express their opinion on the acceptability and correctness of mandatory provisions are not related to the Constitution of the Russian Federation.Thus, the rule according to which the ex post facto law can set the text of the normative act, it is unconstitutional.
