Journal of Siberian Federal University. Humanities & Social Sciences / Legal Rationale of the Criminal Law: Concept Content and Stages

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)
Authors
Plokhova, V. I.
Contact information
Plokhova, V. I.: Altai State University Barnaul, Russian Federation; ; ORCID: 0000-0002-5641-7812
Keywords
constitutional; features; criminal law; main; cross-cutting; criteria; components; nonexecution; criminalization; depenalization; application; effectiveness of law
Abstract

The article reveals that the content of the concept of legal justification often does not distinguish the main norms, including constitutional norms, and therefore compliance with them is not checked. Meanwhile, many of them act as “cross-cutting”, acting at all 6 stages of the legal justification of the criminal law. Therefore, it is proved that the main components of the concept of legal justification of the criminal law are international standards, the Constitution of the Russian Federation, decisions of the European Court of Human Rights, other interstate authorities that comply with the Construction of the Russian Federation, the Constitutional Court of the Russian Federation, principles of criminal law, sectoral features of criminal law, its individual institutions, which manifest themselves in a particular way at each stage of justification of the criminal law. Six stages of justification of the criminal law were revealed: criminalization; penalization of acts; allocation of qualified corpus delicti and special norms; interpretation, application of norms, discovery of their effectiveness; depenalization, decriminalization of crimes. Certain legal bases operating at all stages are defined; their different manifestations at each stage are shown. Identified and characteristic for each stage, for certain types of deviant activity, crimes. Prospects for further research and use of the findings are determined

Pages
1121–1133
EDN
OICVWI
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/152977

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