Criminal law as an independent industry is a combination of homogeneous norms, and this homogeneity is due to their content. The content of these norms is oriented, on the one hand, the act that (according to the criminal law currently in force) is recognized as a crime, and on the other, on the law enforcement, which is obliged to assess the committed act as criminal only in accordance with the requirements of the criminal law and on the basis of its . In addition, the homogeneity of the norms is expressed in their overall functional orientation. Ultimately, these norms are intended to influence the relationship between people with each other, on their relationship with the state (represented by the relevant authorities) in the event of a criminal act; Prevent such acts in the subsequent.

The following characteristics are inherent in criminal law:

1. obligatory suggests, on the one hand, that everyone who has committed a crime is obliged to undergo impact on himself criminal liability, and on the other - that the law enforcement is obliged in this case (and has no right) to use criminal law;
2. the compulsion of the norms of criminal law, conjugate with their societulence, implies the property of a two-way: first, to protect the victim (offended), that is, to restore or compensate for his rights and interests disturbed by the crime; Secondly, to form a criminal (offender), i.e., forced him to undergoes the undesirable consequences that he should (responsibilities voluntarily assigned to the fact of committing a crime) to incur. In other words, the mechanism of criminal protection of the interests of society from criminal encroachments is a kind of satisfaction of the needs of each person and all people together in the safe conditions of their existence. If the right in general and the criminal, including does not satisfy these needs (regardless of the reasons), then it as a social regulator loses its moral and actual positions and loses the authority among the population, turning into a ballast. Satisfying these needs, as if connecting the criminal law to the living social sources, feeding and affirming it as a necessary and fairly effective government-based regulator of relations between people.

Criminal law establishes primarily the foundation and limits of criminal liability for those acts that are recognized as crimes and provides for the possibility of applying to the guilty definite sentence.

Thus, the criminal law is an independent branch of a unified legal system, which is a set of homogeneous standards of the highest body of state power, which contain a description of the signs that allow the law enforcement to recognize the act of a crime, and determine the basis and limits of criminal liability, as well as the conditions for exemption from criminal liability and punishment. .

The criminal law system is the overall and special part. In general, it contains norms defining: the tasks and principles of criminal law; grounds for criminal liability and liberation from it; limits of criminal laws in the circle of persons, in time and space; The concept of crime, guilt, beplaceability, insaneness, the stages of the crime, complicity, limitations, circumstances excluding the crime of acts. Dana system punishments, general and special foundations for the appointment of punishment and liberation from him, etc.

The special part of criminal law specifies the volume and content of criminal liability in relation to each composition of the crime.

The subject of legal regulation is always public relations. Relations regulated by criminal norms are organically disintegrated into two ambiguous in the socio-value perception of the Group: the necessary, positive, and therefore socially useful and relationships deviating, negative and by virtue of this socially harmful. If the first group of relations (in which the entire society or the overwhelming majority of its representatives are interested), it is necessary to be protected (protected), along with criminal law, the entire combination of moral, social and legal regulators, the second group (the interest of criminal people) necessitates the need for power (forced ) State intervention by applying criminal law. These groups, as a result of their legal registration, acquire the status of legal relations, including criminal.

Principles of criminal law:

1. The principle of legality, which follows from the provisions of the Universal Declaration of Human Rights, establishes that no one can be found guilty of committing a crime and will be criminalized otherwise as a sentence of the court and in accordance with the law. In addition, the principle of legality is manifested in the fact that a person can only be convicted of the act of a crime provided for by the criminal law in itself. Further, the principle of law requires only the punishment to it, which is provided for by the criminal law for this crime. And finally, it is possible to free from criminal responsibility (punishment) only if there are grounds and conditions specified in the law.
2. The principle of equality of citizens before the criminal law. The offender is subject to criminal liability regardless of gender, race, nationality, language, origin, property and official position, place of residence, relations to religion, belief, belonging to public associations, as well as other circumstances. It is possible only one basis for criminal responsibility - the presence in the perfect act of signs of a specific crime. One criminal law should be applied to all persons who committed the same crime. At the same time, social equality should be preceded by the equality of all before the criminal law.
3. The principle of inevitability of criminal liability is that the person who committed a crime is subject to punishment in criminal law. Under the latter, it should be understood and the timely attraction of a criminal to justice, and the fact that the privileges should not be before the criminal law.
4. The principle of personal responsibility is that the person is responsible only for committed, and the effect of this principle does not contradict criminal responsibility in complicity, if any perpetrators are criminalized for jointly and coordinated crime "jointly". Criminal liability can only bear an individual.
5. The principle of guilty responsibility implies that a person is responsible only for the act and its consequences caused to them intentionally either by negligence.
6. The principle of justice means that the criminal penalties or other measure of criminal and legal impacts applied to the offender should correspond to the severity of the crime, the degree of its guilt and personal properties that have manifested themselves in the criminal act. The specified principle should be understood in the sense that no one may be criminal responsible for one and the same crime twice.
7. The principle of democratism, although not fully, is manifested in criminal law in various forms of participation of representatives of public associations and individuals in the appointment of criminal sanctions, its execution and, in particular, when exemption from criminal liability and punishment.

Crimes: concept and classification

The Criminal Code of the Russian Federation dated June 13, 1996 NO 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation) defines a crime as the responsible socially dangerous act, prohibited by the Criminal Code under the threat of punishment (Art. 14 of the Criminal Code of the Russian Federation).

Act is the behavior (act) of a person in the form of action or inaction. Action - active volitional behavior.

Inaction is characterized by passive volitional behavior, expressing in the non-fulfillment of the duties lying on the face.

A formal sign of a crime means the legislative expression of the principle "There is no crime without specifying about the law." It means that the Russian criminal law is not allowed (prohibited) the application of criminal law by analogy. Environmentally dangerous acts may be discovered by law enforcement agencies, which fell out of the field of view of the legislator and therefore are not recognized as criminal punishable. In addition, the public danger of acts does not remain something unchanged, once and forever. The development of social relations, scientific and technological progress can make adjustments in the criteria for recognizing acts with socially dangerous and punishable. The fact that today is socially dangerous, tomorrow can lose this quality, and, on the contrary, it may be necessary to ban the criminal law of new acts. However, such replenishment of gaps in criminal law refers to the competence of the legislator itself. The court, the prosecutor, the investigator, the body of the inquiry is not entitled to give the criminal law of the Act, which is beyond the sphere of criminal law. The debt of law enforcement bodies in this case is to discover a new type of socially dangerous acts and raise the question of their legislative prohibition, on establishing criminal liability for their commitment.

Public danger is the ability of acts provided for by the Criminal Law to cause significant harm to the objects protected by criminal law (interests).

In accordance with Part 1 of Art. 14 The crime is a publicly dangerous act that is prohibited by criminal law, necessarily committed guilty, that is, with a certain mental attitude towards the act and its consequences by the person who committed this act. If the actions of the person innocently caused socially dangerous consequences, his behavior is not a crime. The crime is necessarily an apparent act. In a special part, each article of the Criminal Code provides for a certain punishment for committing a particular prohibited by the Criminal Law of Acts. However, this does not mean that the sentences established in the sanctions of the articles should always be applied and under all circumstances. The Penal Code provides for cases of liberation from punishment. Most often it concerns crimes of small gravity.

Thus, the crime on Russian criminal law is a publicly dangerous, perpetrator and punishable act.

The material sign of the crime (his public danger) suggests that it is not a crime act, formally falling under the signs listed in the article of the special part of the Criminal Code, but by virtue of the insignificance not representing public danger (for example, theft of the box of matches). The question of recognizing one or another act is insignificant - this is a matter of fact and is within the competence of investigators and court. The criminal case on such actions should not be initiated, and the initiated shall be terminated for the absence of the composition of the crime. An insignificant act, due to the lack of a public danger, the composition of another offense (for example, administrative or disciplinary), and in this case, measures of administrative, disciplinary or social impact may be applied to the person to face Being punished.

The classification of crimes is the division of them into groups for one or another criteria. In the foundation of the classification of crimes, the nature and degree of public danger of acts or a separate element of the crime composition can be found. In the Russian criminal legislation, three types of differentiation of crimes were adopted. First, categorization in the nature and degree of public danger into four major crimes groups (Art. 15 of the Criminal Code of the Russian Federation). Secondly, the classification of the generic object of the encroachments provided for in 6 sections and 19 chapters of the special part of the Criminal Code of the Russian Federation. For example, crimes against life and health, against peace and security of mankind, military crimes. Thirdly, crimes, homogeneous in the nature of public danger, are differentiated by degree

public danger to ordinary, qualified, privileged. So, the murders according to the compositions differ: qualified with aggravating elements, simple, i.e. Without aggravating and softening signs, and with softening signs (in a state of affect, when the limits of the necessary defense, detectivity) are exceeded.

Article 15 of the Criminal Code of the Russian Federation in divisions all crimes into four categories:

1. slightly gravity (intentional and careless with the maximum sanction under two years of imprisonment);
2. middle severity (intentional with the maximum punishment of up to 5 years of imprisonment and careless with the maximum sanction exceeding 2 years in prison);
3. grave (intentional) crimes with the maximum sanction to ten years in prison);
4. especially serious (intentional crimes with a sanction over ten years in prison or more strict).

The nature of public danger is its meaningful side, reflecting, mainly uniformity or the heterogeneity of acts. The nature of the public danger form four subsystems of crime elements. First, the object of encroachment. Generic objects for which the sections and chapters of the special part of the Criminal Code of the Russian Federation are classified, determine the nature of the public danger of crimes, making them for homogeneous and heterogeneous. So, homogeneous crimes against life with the evidence of inconsistency in content with state or economic crimes. Secondly, the nature of the criminal consequences - economic, physical, disorganization, socio-psychological, and so on has the nature of the public danger of crime. Thirdly, the form of guilt - intention or careless breeds these crimes in two groups. Finally, fourthly, public danger is meaningful forms ways to commit crimes - violent either without violence, fraudulent or without these signs, group or individual, using an official or without this, with the use of weapons or naked.

The degree of public danger is the quantitative severity of the elements of the crime. Most of all the degree of public danger varies depending on the damage caused and harm the objects of encroachment - personality, society, the state. Then the subjective elements are influenced on it - the degree of guilt (which suddenly emerged intent, coarse negligence), as well as the degree of lowland the motivation of the act and its focus. The danger of methods of encroachment also determines the quantitative degree of public danger: a crime is committed, for example, by a group of persons without prior arbitrariness or a conspiracy organized by a group or a criminal community. In other words, the ratio of the nature and degree of public danger is the interaction of quality and quantity. The degree of public danger quantitatively varies the danger of the components of the nature of public danger in each of the crime.

Corpus delicti

The composition of the crime is a system of mandatory objective and subjective elements forming and structuring socially dangerous acts, the signs of which are described in the dispositions of criminal law and the overall and special parts of the Criminal Code of the Russian Federation.

As any system, the crime composition covers a holistic set of subsystems and elements. The "elements" of the composition of crime are components, primary terms of the "Composition of Crime". They enter the four subsystems of the composition:

1. an object;
2. objective side;
3. subject;
4. subjective side.

The object of the crime and the object of criminal law includes public relations, social interests. Their list is given in Art. The Criminal Procedure of the Russian Federation is the interests of the individual, its health, social rights, the political and economic interests of the state and society, the law and order as a whole. The object is described in addition to the names of chapters and articles in a special part.

The Criminal Code also through the characteristics of the subject of encroachment and damage. The damage is harmful, antisocial changes in the objects of encroachment and therefore the nature of the object and the damage is closely interrelated. For example, the disposition of the norm on theft speaks about the secret abduction of someone else's property. The description of the subject provides information about the facility of theft - someone else's property. Headline ch. 21 of the Criminal Code of the Russian Federation "Crime against Property" directly characterizes the object of criminal law.

The "Objective Party" composition includes elements with the signs of act described in the dispositions of the criminal law, i.e. Actions and inactivity encroaching on a particular object and harm (damage), it also includes the attributes of external acts of acts - a place, method, environment, the instruments of the crime.

The subsystem of the "subject of crime" describes such signs as the physical properties of the person who committed the crime is its age, mental health (imbuilt). In some of the compositions, a subject of a crime is a special person, for example, a job serviceman.

Finally, the fourth, the last subsystem of the composition is the "subjective side" - includes elements such as wines, motive, purpose, emotional state (for example, affect).

Elements of the crime are divided into mandatory and optional. Mandatory includes elements that are indispensable for the presence of a crime. These are the elements that form in their integrity (system) the minimally sufficient and necessary public danger of act, which is criminal. The absence of at least one of such elements means the absence of the entire crime composition. Such elements are: a crime object; In the objective side of the composition - this action (inaction), the harmful effects associated with the action (inaction) of the causal bond; in the subject - elements with signs of a physical imputed person of a certain age; In the subjective side - wines in the form of intent and negligence.

Optional elements of the composition of the crime in the "Object" subsystem - objects; in the "Objective Party" subsystem - time, place, method, environment, guns and other circumstances of the external environment of a criminal act; In the Subject subsystem, these are signs of a special subject, suspending a circle of crime subjects for one or another properties (most often due to the professional activities of the subject); In the Subjective Party subsystem, the motive, purpose, emotional state.

Optional listed elements are by their nature, for they can be indicated in the disposition of the criminal norm as elements of the composition or not. For example, in the embezzlement, the mercenary goal is a mandatory element of the composition. Without such a goal there is no composition of theft. However, the mercenary goal is not indicated among the grave damage to health. But it is provided as a compulsory element of killing with qualifying features (the so-called qualified composition of the murder).

The subject of the crime in nature is an optional element of the composition. Not in all compositions it is indicated, and compositions are possible at all without the subject, for example, desertion. But in a number of compounds, it performs an important role of the mandatory element of the composition, to establish the signs of which even require special criminalistic examination. For example, as part of crimes related to drug trafficking, the subject is a mandatory element of the composition. Often, drug experts are often required to determine whether or other means to drugs belongs. A similar position with the subject in the form of firearms. In the compositions of crimes related to illegal arms turnover, the subject is a mandatory element of the compositions (Art. 222-226 of the Criminal Code of the Russian Federation).

Optional elements do not affect the fact of the presence of compounds and do not participate in the qualifications of crimes. However, they play a role in individualization of punishment. In art. 61, 63 of the Criminal Code of the Russian Federation lists the circumstances mitigating and aggravating punishment. Most of them are related to the objective side of the crime - in the way, the situation, etc. commit an act. The new Code of the Russian Federation clearly divided the obligatory (qualification elements of the compositions of crimes) and optional ("punish") elements. So, in part 3 of Art. 61 of the Criminal Code of the Russian Federation states that "if the softening circumstance is provided for by the relevant article of the special part of the Criminal Code of the Russian Federation as a sign of a crime, it can not be re-taken into account when prescribing punishment." A similar prescription is contained in Part 2 of Art. 63 of the Criminal Code in relation to aggravating the circumstances. In the articles of the special part of the disposition of norms about specific compositions of crimes indicate the mandatory elements of the composition. Optional, not specified in the dispositions of norms, elements and their signs perform the role of softening or aggravating the punishment of circumstances.

1. The object of the crime is what the encroachment is sent to, which causes or harm as a result of the commission of a crime. The object of crime is the most important social values, interests, benefits protected by criminal law from criminal encroachments. In the general part of the criminal law (Art. 2 of the Criminal Code of the Russian Federation) provides a generalized list of criminal law protection facilities. These include human rights and freedoms and citizen, property, public order and public safety, the environment, the constitutional system of the Russian Federation, the world and the safety of humanity. This generalized list is specified in the special part of the criminal law, first of all - in the names of the sections and heads of the Criminal Code, since the special part of the Criminal Code of the Russian Federation was built on the basis of the generic object of the crime. Here are the specific rights protected by the criminal law and human rights and citizen (life, health, freedom, honor and dignity of personality, sexual integrity and sexual freedom, constitutional rights and freedoms of citizens, etc.), as well as the most important public and government interests affected by Or there may be significant damage as a result of criminal encroachments (property, economic interests of society and the state, public health and public morality, state power and interests of civil service, the interests of justice, the management procedure, the order of martial service, etc.).
2. The objective side of the crime is an external act of socially dangerous encroachment on the object protected by criminal law.

The behavior of people, including criminal, has a lot of individualizing its signs. Part of these signs characterizes the objective side of the crime. These are such signs as an action or inaction and inherent harmful consequences in their causal relationship, as well as a method, place, time, furnishings, means and tools for committing a crime.

The signs of the objective parties include:

• action or inaction encroaching on this or that object;
• socially dangerous consequences;
• causal relationship between action (inaction) and consequences;
• method, place, time, furnishings, means and tools for committing a crime.

The legislator establishes that the crime is an act that is socially dangerous and unlawful, i.e. It gives the characteristic of such an objective feature as an act. At the same time, a socially dangerous act may occur in the form of action (that is, the commission of specific volitional deeds) or inaction (i.e., the imperfects of actions that the subject was obliged to do in a particular case).

Action, i.e. Active behavior is the most common type of socially dangerous act. The basis of any action is the television, consciously sent by the person to implement a certain goal. The peculiarity of criminal action is that it, as a rule, does not correspond to the concept of a single human action, but is composed of a number of individuals related between their acts of behavior of the face.

Inaction is a second kind of unlawful socially dangerous behavior. According to its social and legal properties, the inaction is identical to action. It, as well as the action, is able to objectively to influence and cause changes in the external world. In contrast, inaction is a passive behavior, which consists in the imperfect of such actions, which it should have been and could be made under certain bases. In practice, criminal inaction is found no more than 5% of all criminal cases.

Mandatory signs of many crimes are the consequences and causal relationship. There are certain rules and stages of establishing a causal relationship between action (inaction) and publicly dangerous consequences. First, the objectivity of the causal relationship implies research it regardless of guilt. First, the presence of an objective connection between the action and the consequence and only then the wines are established in the form of intent or negligence on the intellectual-volitional attitude to the causal consequence.

The subject of the crime is a person who committed a criminal act. In a narrower, the special sense of the word, the subject of the crime is a person who is able to bear criminal liability in the event of a deliberately or carelessly socially dangerous act provided for by criminal law. Of all the numerous properties of the personality of the criminal, the law allocates such that indicate its ability to bear criminal liability. It is these signs that characterize the subject of the crime.

Age and saneability are the most common signs necessary to recognize the individual to the subject of any crime. Therefore, the person who meets these requirements is called the "General Subject". The face corresponding to the special signs of the subject, provided for by the relevant criminal norm, is customary to be called a "special subject".

According to Art. The 20 Criminal Code of the Russian Federation is subject to a person, as a general rule, has reached sixteen years to the moment of the crime. In h. 2 tbsp. The 20 Criminal Code of the Russian Federation lists individual crimes, when the responsibility comes from 14 years. The exhaustive list includes the following three groups of compositions:

• grave crimes against personality: intentional murder and intentional causing a serious or moderate harm to health (Art. Art. 105, 111, 112 of the Criminal Code of the Russian Federation), abduction of a person (Art. 126 of the Criminal Code of the Russian Federation), rape and sexual violent actions (Article . 131, 132 of the Criminal Code of the Russian Federation);
• most of the property crimes: theft, robbery, robbery, extortion, coverage without the purpose of theft, intentional destruction or damage to property with aggravating features (Article. 158, 161, 162, 163, 166, part 2 of Article 167 of the Criminal Code of the Russian Federation );
• some of the crimes against public security: terrorism, hostage seizure, obviously false report on the act of terrorism, hooliganism with aggravating circumstances, vandalism, theft of weapons, ammunition, explosives and narcotic drugs, aligning vehicles or communications (Art. 205, 206, 207, part 2 Art. 213, Art. 214, 226, 229, 267 of the Criminal Code of the Russian Federation).

The subject of the crime can only be a sane face. Clamping along with the achievement of the established age acts as a condition for criminal liability and is one of the general signs of a crime subject.

Cleament (from the word "to impose", in the sense of "imparting in guilt") - in a wide, common value of this word means the ability to bear responsibility to the law for its actions. In criminal law, this concept is used in a narrower, special sense, as an antitosis, the concept of "insaneness". It is this last notion that operates the criminal law. Part 1 Art. 21 of the Criminal Code says "The person is not subject to criminal responsibility, which during the commission of a socially dangerous act was in a state of insaneness, that is, it could not be aware of the actual nature and public danger of its actions (inaction) or to manage them due to chronic mental disorder, temporary mental disorder, Larous or other painful state of the psyche. "

Inchangeless cannot bear a criminal liability for its objectively dangerous actions for society, first of all, because they did not participate in their consciousness and (or) will. Publicly dangerous acts of mentally patients are due to their painful state. Whatever difficult harm to society they have caused, the society has no reason to impart this harm to them in the guilt. The use of punishment to the insane would be unfair and inappropriate also because, in relation to them, the objectives of criminal punishment are unattainable - correcting the convicted and prevention of the commission of new crimes.

The subjective side is the inner essence of the crime. It is a mental attitude of the face to the socially dangerous act performed by them, characterized by wine, the motive, purpose and emotions. Each of the indicated concepts characterizes the mental essence of the crime from various sides. The fault reflects the mental attitude of the guilty to the socially dangerous act (action or inaction) and the people who have come as a result of this community consequences. It can be intentional and careless. The motive is a motivation that is determined to commit a crime.

The goal of the crime is the idea of \u200b\u200bthe desired result, to achieve which the person committing a crime is committed.

The main component of the subjective side is wine, which is a mental attitude of the person to the socially dangerous action or inaction and its consequences, expressed in the form of intent or negligence. The principle of responsibility is only for the acts committed guilty, has always been fundamental in the criminal law of our state.

Forms of guilt in specific crimes are either directly indicated in the dispositions of articles of the special part of the Criminal Code of the Russian Federation, or are implied and are established when analyzing the design of the norm of the Criminal Code of the Russian Federation. So, if the law is called the goal of a crime, it can only be performed with direct intent (putting a goal, it is possible to achieve its implementation only if desired, which is characteristic of direct intent). There are such signs such as the maliciousness of acts, a special motive (special cruelty during the murder, for example), the misfortune, the illegality of actions, and so on to the intention of guilt.

Forms of guilt recognize intent and negligence.

The crime committed intentionally is actions (action or inaction), perfect with direct or indirect intent (Art. 25 of the Criminal Code of the Russian Federation).

The crime is recognized as perfect with direct intent, if the person aware of the public danger of his act,

there was an opportunity or the inevitability of the onset of socially dangerous consequences and wanted their offensive. This legislative definition of direct intent refers to crimes with the material composition, which is punishable not only act, but also the socially dangerous consequences specified in the disposition of a specific article as a mandatory basis. Therefore, the characteristic of direct intent includes the foresight of the consequences and the desire of their offensive.

Direct intent includes two foresight options: the inevitability or real possibility of the onset of socially dangerous consequences. Specification of options depends on the situation of the crime committed, the method and degree of facial preparedness to its commitment (shooting in emphasis from proper, proven weapons, guilty will foresee the inevitability of the death of the victim; the same shot at a considerable distance from the victim creates only a real possibility of deprivation of life).

Indirect intent in accordance with the law means that the person aware of the public danger of his act (actions or inaction) was foreseen the possibility of the occurrence of socially dangerous consequences, did not want, but deliberately allowed these consequences or relate to them indifferently.

The crime committed by negligence is recognized as an act committed by frivolity or negligence (Art. 26 of the Criminal Code of the Russian Federation).

As a general rule, a crime with a careless form is less dangerous than intentional, for a person does not intend to commit a crime at all. More often there is a violation of any instructions (safety, fire-fighting, weapons, movement, traffic safety, etc.), which entails socially dangerous consequences that turn offense into a crime.

The crime is recognized as perfect with criminal frivolity, if the person foresaw the possibility of the occurrence of socially dangerous consequences of its actions (inaction), but without sufficient reason, the foundations arrogantly expedited to prevent these consequences.

1. The intellectual criterion of criminal levity consists of:

• awareness of the guilty public danger of the accomplished action (inaction);
• anticipation of the abstract possibility of the onset of socially dangerous consequences.

An abstract foresight means that the person is recognized by the misunderstanding of his actions, understands (foresees) that such actions in general, in principle, may entail socially dangerous consequences, but considers it impossible to their offensive in this particular case.

2. The volitional criterion The face does not wish the onset of the consequences, moreover, seeks to prevent them with some actually existing factors (forces). First of all, the guilty means its own personal qualities - experience, skill, strength, dexterity, professionalism; Next - actions of other persons, mechanisms, even the forces of nature. However, its calculations are frivolous, arrogant. The guilty or does not know the laws of development of the causal relationship between the act and the random consequences, or what is more often found in judicial practice on cases with this type of guilt, does not take into account some inclusions that significantly change the development of the causal relationship. The mechanisms are not triggered, the forces that the person counted is not included.

Concept and types of punishment

The punishment is a measure of state coercion applied to the perpetrator of the crime to face by the court sentence. Coercion acts as a means of ensuring compliance with the norms of criminal law and is ensured by the power of state power. Only the court in the sentence, declared on behalf of the state, can impose a punishment for the crime committed after the guilt of a particular person will be established during the trial. This principle is constitutional (Art. 49, 118 of the Constitution of the Russian Federation) and means that in the absence of an indictment of the court, no one can be criminal off. The verdict of the court entered into legal force is generally obligatory and

execution throughout the Russian Federation. The verdict of the court expresses a negative assessment and perfect act, and the guilty person from the state.

Punishment has its own purposes:

• restoration of social justice,
• correction of convict;
• prevention of new crimes.

The purpose of the correction of the convict consists in such a change in his personality, in which he becomes harmless to society and returns to this society by a citizen who does not violate the criminal law and respecting the rules of the human hostel. For punishments not related to imprisonment, the purpose of correction is often achieved by the very fact of their application. For deprivation of freedom requires the use of certain activities - the establishment of a regime of serving the sentence, attracting a convicted work to useful work, general education and vocational training, etc. At the same time, if the purpose of the correction is put before the punishment in the criminal law, then the convicted person appears the right to receive assistance aimed at To adapt it to normal life, and to find in such conditions when serving a sentence, which would not be exacerbated by his separation from society and the consolidation of the negative properties of his personality.

The goal of preventing the commission of new crimes in its content consists of preventing such crimes from those who have not committed (general warning) and on the part of the convicts themselves (special warning). The general enlighterative impact of punishment is manifested, in the very fact of the publication of the criminal law and in establishing specific penalties for specific socially dangerous acts, and secondly, in the appointment of a particular punishment to a specific person, guilty of committing a crime.

Species of punishments in accordance with Art. 44 of the Criminal Code, are:

1. fine;
2. deprivation of the right to occupy certain positions or engage in certain activities;
3. deprivation of special, military or honorary title, cool rank and state awards;
4. mandatory work;
5. correctional work;
6. military service restriction;
7. restriction of freedom;
8. arrest;
9. content in the disciplinary military unit;
10. imprisonment for a certain period;
11. lifelong deprivation of freedom;
12. the death penalty.

The penalty is a monetary penalty appointed within the limits provided for by the Criminal Code of the Russian Federation, in the amount equal to the fixed monetary, or in the amount of wages or other income of the convicted person for a certain period.

The size of the fine is determined by the court, taking into account the severity of the perfect crime and the property situation of the convicted and his family, as well as, taking into account the possibility of obtaining a sentence of wages or other income. Taking into account the same circumstances, the Court may impose a fine with installments by certain parts for up to three years.

The penalty as an additional type of punishment can be assigned only in cases provided for by the relevant articles of the special part of the Criminal Code of the Russian Federation.

The deprivation of the right to occupy certain positions or to engage in certain activities is to ban the post office in the public service, in local governments or to deal with certain professional or other activities. Deprivation of the right to occupy certain positions is to terminate due to the indictment and appointment of the specified sentence of an employment contract with the convicted administration of the enterprise, institution or organization (equally to state, public or private) and enter into the labor record of the convicted record on what basis on What time he is deprived of a certain position. The court in the sentence should specifically indicate which positions he is deprived of the right to occupy (for example, related to the disposal of cash or other material values, with the upbringing of children, the study of medical activities, etc.).

The deprivation of the right to engage in a certain activity is a prohibition of the court sentence to work in any sphere by a certain specialty. The deprivation of both rights is applied in cases where the court considers the court to be impossible to occupy a sentented position or a certain activity in the nature of the guilty crime. The punitive property of this type of punishment lies in what deprives the convicted person of its subjective right to the free choice of position, certain classes over the time specified in the sentence. In addition, deprivation of the right to occupy certain positions or to engage in certain activities can lead to the loss or limitation of legitimate benefits and advantages related to the previous position or activities of the convicted person may entail a break of a special employment experience, finally, can lead to a decrease in its earnings.

The deprivation of a special, military or honorary title, class, and state awards is to deprive the convicted special, military or honorary title, class, and state awards for committing a grave or particularly serious crime, taking into account the person of the perpetrator.

The punitive property of this punishment is manifested in moral effect on the convicted and deprivation of its possible advantages and benefits established for persons who have military, special or honorary titles.

Military titles are the titles adopted in the Armed Forces of the Russian Federation, other troops (for example, border), external intelligence bodies, federal security authorities established by the Federal Law "On Military Duty and Military Service" (Private, Sailor, Efreitor, Sergeant, Starina , ensign, lieutenant, senior lieutenant, captain, major, etc.).

Specials are the titles assigned to employees of the internal affairs bodies, diplomatic, customs, tax service, etc. To honorary titles include: Honored or People's Artist, People's Teacher, Honored Worker of Science of the Russian Federation and others. Class officials are those assigned by civil servants Having occupying public positions - a valid State Counselor of the Russian Federation, State Counselor 1, 2 and 3rd, Advisor of Public Service 1, 2 and 3rd Class, etc.

The state awards of the Russian Federation are: the title of the hero of the Russian Federation, the Order (for example, the Order "For Merit to Fatherland", the Order of Courage, etc.), medals (for example, "for courage", "for salvation"), signs of honors from the Russian Federation , Honorary titles of the Russian Federation.

Mandatory work consist in fulfilling the time of free socially useful work, the type of which is determined by local governments. It can be work on the improvement of cities and towns, cleaning streets and squares, care for sick, loading and unloading and other similar works that do not require special qualifications.

Mandatory work is not appointed by persons recognized as disabled people of the first or second group, pregnant women, women with children under the age of eight years, women who have reached the fifty-year-old age, men who have reached the sixty-year-old age, as well as servicemen passing military service.

Correctional work consist of the fact that from earning a convicted person to correctional works are carried out in retention of the state in the amount established by the verdict of the court, ranging from five to twenty percent. They are appointed for a period of two months to two years and come off at the place of work of the convict.

The restriction in military service is appointed by the convicted servicemen undergoing military service under the contract for a period of three months to two years in cases provided for by the relevant articles of the special part of the Criminal Code of the Russian Federation for committing crimes against military service, as well as a convicted servicemen undergoing military service under the contract, Instead of correctional work provided for in relevant articles of the special part of the Criminal Code of the Russian Federation.

The military service constraint lies in the fact that from the monetary content of the convicted person to such punishment is carried out in the state's income in the amount established by the verdict of the court, but not more than twenty percent. During serving the sentence, the convict could not be elevated in office, military rank, and the period of punishment is not counted on the service life of years to assign the next military rank.

Restriction of freedom lies in the content of the convicted person who has reached the court of the sentence of an eighteen-year-old age, in a special institution without isolation from society, but under the exercise of supervision. The content of the restrictive measures and the procedure for their implementation is provided for in criminal law.

Restriction of freedom is assigned:

• persons convicted of committing deliberate crimes and not having a criminal record
• for a period of one year to three years;
• persons convicted of crimes committed by negligence - for a term of one year to five years.

Limiting freedom is not appointed by persons recognized as disabled people of the first or second group, pregnant women, women with children under the age of eight years, women who have reached the fifty-year-old age, men who have reached the sixty-year-old age, as well as servicemen passing military service.

The arrest lies in the content of the convict in the conditions of strict isolation from society and is established for a period of one to six months. The conditions and procedure for serving this punishment are determined in criminal law. The arrest can be appointed not only in the case when it is provided as the main (usually alternatively) punishment in the sanction article of the special part of the Criminal Code, which provides for the responsibility for the relevant crime, but in the case of replacing mandatory work or correctional work (in case of malicious evasion of Their serving), as well as (instead of imprisonment) when appointing a softer punishment, than is provided for by this crime (Art. 64 of the Criminal Code of the Russian Federation), and when replacing an indispensable part of the punishment of a softer point of punishment (Art. 80 of the Criminal Code of the Russian Federation). In this case, mandatory work or correctional work, he can be appointed for a period of less than one month.

The arrest is not appointed to persons under the age of sixteen years of age, as well as pregnant women and women who have children under fourteen years. Military workers are serving arrest on Gauptvatah.

The content in the disciplinary military unit is appointed servicemen undergoing military service, as well as servicemen undergoing military service under the contract for the positions of the ordinary and sergeant composition, if at the time of the sentence of the sentence did not serve as established by the law of service. This punishment is set for a period of three months to two years in cases provided by the relevant articles of the special part of the Criminal Code of the Russian Federation for committing crimes against military service, as well as in cases where the nature of the crime and personality is evidenced by the possibility of replacing imprisonment for a period not over two years of the content of convicts in the disciplinary military unit for the same period.

The deprivation of freedom lies in the isolation of the convicted of society by sending it to the colony-settlement or premises to the rapid colony of the general, strict or special regime either in prison. Persons convicted of imprisonment, who have not reached the court of an eighteen-year-old sentence, are placed in educational colonies of a common or enhanced regime.

This type of punishment is applied when, based on the severity of the perfect crime and personality of the perpetrator, to achieve the goals of punishment (especially the correction of the convicted), its isolation from society is necessary. The Supreme Court of the Russian Federation focuses the courts on the need to apply to the persons who first committed crimes that do not represent a large public danger, instead of the shortest possible deprivation of freedom of punishments that are not involved in the insulation of the convicted person from society. In accordance with the criminal procedural legislation, the court at the indictment is obliged to motivate the imposition of punishment in the form of imprisonment, if the sanction of the criminal law provides other punishments that are not related to imprisonment.

The severity of punishment in the form of imprisonment is determined by the type of correctional institution in which the convicts are serving this type of punishment. In turn, the type of correctional institution depends on the severity of the committed convicted of crime and data characterizing the person of the perpetrator.

Departure of imprisonment is assigned:

1. persons convicted of crimes committed by negligence, as well as persons convicted of imprisonment for the commission of deliberate crimes of small and moderate severity, who had previously serving imprisonment, in colonias. Taking into account the circumstances of the commission of the crime and the personality of the Guilty Court, it can be appointed to these persons to serve the sentence in correctional colonies of the general regime, indicating the motives of the decision taken;
2. men who are convicted of imprisonment for committing serious crimes, who had previously not serving imprisonment, as well as women convicted of imprisonment for committing serious and especially grave crimes, including any form of relapse, in correctional colonies of the general regime;
3. men convicted of imprisonment for the commission of particularly serious crimes, who had previously serving imprisonment, as well as during a relapse or a dangerous recurrence of crimes, if a convicted earlier was serving imprisonment in the correctional colonies of the strict regime;
4. men convicted of life imprisonment, as well as with a particularly dangerous recurrence of crimes in the correctional colonies of a special regime.
5. Men convicted of imprisonment for the commission of particularly serious crimes for a period of over five years, as well as with a particularly dangerous recurrence of crimes, serving part of the sentence can be appointed in prison, while the court counts the time of the detention of convicts before entering into force of the conviction On the period of serving the sentence in prison.

Lifetime imprisonment is established for the commission of particularly serious crimes encouraging for life, as well as for performing particularly serious crimes against public security.

Lifelong deprivation of liberty is not appointed to women, as well as persons who committed crimes under the age of eighteen, and men who have reached the court of sentence of the sixtieth-year-old age.

The death penalty, by virtue of Art. 59 of the Criminal Code of the Russian Federation, is an exceptional measure of punishment can be established only for especially grave crimes encouraging for life.

Article 20 of the Constitution of the Russian Federation establishes that the death penalty will continue before its cancellation may be established by federal law as an exclusive penalties for particularly serious crimes against life in providing the accused the right to consider his court with the participation of jurors. " This constitutional situation is developed and specified in Art. 59 Criminal Code of the Russian Federation. Part 1 of this article states that the death penalty as an exclusive measure of punishment can only be provided for especially grave crimes encouraging for life. In the special part of the Criminal Code of the Russian Federation, the death penalty is envisaged for crimes provided for by Art. 105, part 2 (murder with aggravating circumstances), 277 (encroachment on the life of a state or public figure), 295 (encroachment on the life of a person who performs justice or a preliminary investigation), 317 (encroachment on the life of a law enforcement officer) and 357 (genocide ). All of them are a kind of particularly serious crimes encroaching on life.

The death penalty is not appointed to women, as well as persons who committed crimes under the age of eighteen years, and men who have reached the time of the sentence of the sixtieth-year-old age.

The death penalty in the order of pardon can be replaced by life imprisonment or imprisonment for a period of twenty-five years. The procedure for executing the death penalty is regulated in criminal law.

Criminal Code All types of punishments in order of their purpose divides into three groups:

1. main;
2. additional;
3. punishments that can be appointed both as basic and as an additional.

Basic punishments can only be applied independently and cannot join other punishments. In accordance with Part 1 of Art. 45 of the Criminal Code of the Russian Federation, these include: mandatory work, correctional work, restriction on military service, restriction of freedom, arrest, content in the disciplinary military unit, imprisonment for a certain period, lifelong deprivation of liberty and death penalty.

Additional penalties are prescribed only in addition to the main and cannot be assigned independently. These include deprivation of special, military or honorary title, cool rank and state awards.

The rest of the punishment, i.e., a fine, as well as the deprivation of the right to hold certain positions or to engage in certain activities can be used both as the main sentences and as an additional.

Circumstances excluding crime acts

For the first time in Russian legislation, six circumstances excluding the crime of acts are separated in a separate chapter.

The expansion of these circumstances from two to six and the clarification of their legal nature is associated with the adoption of the Criminal Code of the Russian Federation of 1996. The conditions for the legality of these actions periodically change, which is associated with their estimated formulations and the desire to make greater certainty for law enforcement.

In accordance with ch. 8 of the Criminal Code of the Russian Federation to the circumstances, excluding the crime of act, according to the current criminal law include: necessary defense; extreme necessity; causing harm upon detention of a person who committed a crime; physical or mental coercion; reasonable risk; Execution of an order or order.

In all these cases, despite the fact that certain harm is caused, there is no anti-infrastructure, and sometimes there are no guilt (in the execution of an order or order). Of course, the consequences of actions in the conditions of the necessary defense and detention of the criminal are socially useful. However, many lawyers do not recognize the presence of this property under other circumstances. Meanwhile, it seems that in other cases, as a rule, socially useful consequences for personality, society and states, expressing in preventing threatening harm or to prevent greater damage by causing a smaller (with extreme necessity). The causing of harm at reasonable risk is not only justified, but also contributes to the development of science, the introduction of progressive technologies, whose benefits will affect the future.

1. Causing harm when detaining a person who has committed a crime. In accordance with Part 1 of Art. 38 of the Criminal Code of the Russian Federation "It is not a crime to cause harm to the person who committed a crime, when it is detained for delivering authorities and suppress the possibility of making new crimes, if other means to delay such a person did not seem to be possible and there was no exceeding the measures necessary for this .

The public utility of the detention of the criminal, even with damage to him, is a desire to comply with the principle of inevitability of responsibility for the detected and contribute to the preventing and prevention of crimes.

Detention will be legitimate if other means to delay such a person did not seem to be possible and there was no exceeding the measures necessary for this.

During the detention of the criminal, the purpose of delivering it to the authorities of the authorities and suppress the possibility of making new crimes. The purpose of revenge or sober eliminates the legality of causing harm and entails the criminal responsibility of the guilty of general reasons.

Causing harm must be forced. If the face performed even a grave crime, but does not resist, causing him harm is unacceptable. At the same time, the identity of the delayed. Cause in the process of detention of death or grave harm to health is usually permissible only in cases of developing detention to the necessary defense.

Causing harm to the criminal will be legitimate if it has not been extended to this measure. In accordance with Part 2 of Art. 38 of the Criminal Code of the Russian Federation excess is recognized as an obvious inconsistency in the nature and degree of public danger of the crime delayed face and the circumstances of the detention, when an obviously excessive harm caused without necessity is caused without necessity. Such an excess entails criminal liability only in cases of intentional causing harm.

The nature of harm causing may be diverse: property (damage damage), physical (causing injuries) associated with restriction or imprisonment (binding, retention, forced transportation). The more dangerous to the crime committed by the face, the greater the harm can be caused to the criminal in his detention. The nature and size of harm caused also is also determined by the behavior of the criminal.

So, the excess of detention measures can be two types. 1. Invinite in the commission of a minor crime (for example, small or moderate severity), during the detention, severe harm is caused significantly exceeding the danger of the crime committed by him.

2. When detention of a guilty, which does not have significant resistance, are applied inadequate measures related to the causing significant harm.

1. Extreme need

One of the circumstances excluding the crime of act is the extreme necessity. In accordance with Part 1 of Art. 3rd of the Criminal Code is not a crime causing harm to the interests protected by the criminal law in a state of emergency. Harm causing is carried out to eliminate the risk of directly threatening personality and the rights of this person or other persons protected by law in the interests of society or the state.

The urgent need is the confrontation of law enforcement interests. Prevent the offensive of harm to one of them can only harm the harm to the other. For example, to prevent flooding of the settlement, it is necessary to strengthen the coastal embankment to use building materials intended for other purposes.

The state of extreme necessity often arises as a result of human inaction (non-appearance of help, failure to comply with official duties, etc.). For example, you should recognize the gift of a bribe of a doctor who refuses to make an operation seriously a sick person committed in a state of emergency.

It may be due to both a collision of two or more duties. For example, rescuers, providing assistance to one person, leave without timely helping, which is due to the extreme necessity. The collision of several duties makes decide on the priority fulfillment of one of them to the detriment of the other.

Thus, the sources of danger at extreme necessity can be:

• intentional or careless actions of a person (arson of the structure, creating a pedestrian emergency on the road);
• natural forces of nature (earthquake, flood, avalanche, hurricane, fire);
• faulty technique, mechanisms (explosion in a mine, a sinking ship);
• animals (the attack of dogs escaped from the cell of predators);
• physiological processes occurring in human body (hunger, thirst, disease);
• collisses of several duties.

The protection of lawful interest is related to the personality, society, the state. It is impossible to protect your interests at the expense of equivalent strangers. So, the embezzlement of feed for livestock on a farm to save from the case of its cow can not be assessed as an act of extreme necessity. It is also impossible to harm for the protection of unlawful interests, for example, to assist the criminal hiding from law enforcement agencies.

Harm with extreme necessity, as a rule, is caused to third parties, not guilty of creating a danger. However, it is possible to cause a smaller and prevention of greater harm in relation to the same subject. So, the cutting of trees on the forest fire path causes a certain environmental and property harm, but prevents the spread of fire, i.e. The offensive is much more significant than harm.

When assessing harm, its nature is taken into account. Saving life and health due to harm property is always legitimate. The priority of objects in principle is reflected in the location of the sections and chapters in the special part of the Criminal Code of the Russian Federation, with the exception of peace and security of humanity, the crimes against which are illogical at the end of the Code.

It is impossible to save the life of one person, especially by causing death to another. Human deprivation can be recognized as an act of extreme necessity only in exceptional cases, when only in this way can prevent the death of many people. For example, a car driver with a passenger sends a car to a real estate obstacle to prevent a collision with a bus carrying a large number of passengers.

Necessary defense and extreme necessity are similar circumstances. Differences between them are presented in the scheme.

Scheme.
Differences are in a state of emergency and necessary defense.

From the scheme it can be seen that only human behavior can be a source of danger with the necessary defense, a list of danger sources at extreme need is wider. The choice of possible behavior is wider with the necessary defense. With the need to cause harm to the only possible output. The proportionality of harm in extreme necessity and the necessary defense is understood in different ways. In the first case, it is illegally causing greater harm than prevented. And finally, the difference is associated with the object of causing harm. With the necessary defense, this is an encouraging, with extreme necessity it is third parties.

3. Required defense.

This is legitimate protection by the face of their rights and interests or the rights and interests of other persons, society and states from socially dangerous encroachment through forced damage to the attacker.

There are conditions for the legality of the necessary defense related to the attack: the public danger of encroachment, its cash and reality, and related to protection: its implementation by causing harm to the attacker, the timeliness of protection and proportionality of protection and the degree of public danger.

Exceeding the limits of the necessary defense recognize only intentional actions, obviously not corresponding to the nature and degrees of public danger of encroachment.

4. Physical and mental coercion can act as a circumstance that excludes the crime of act.

Signs of physical and mental coercion: causing harm with limited or paralyzed will; Lack of social useful danger.

Physical abuse is expressed in direct contact effect on the human body.
Mental coercion is directed to the skillful sphere of personality, and not on the human body.

5. Ronated risk.

It is a legitimate creature of the consequences of the consequences provided for by the criminal law to achieve a socially useful result in any field of activity of people who cannot be obtained by conventional means and methods.

The conditions of the legality of the risk are: the risk must pursue the achievement of a socially useful goal, this goal cannot be achieved in other ways; The risk person must take all necessary measures to prevent harm in the laws by law and others.

6. Execution of an order or order.

It is a circumstance excluding the crime of act. There are the following conditions for the application of Art. 42 of the Criminal Code: Order or Order are for subordinate to the obligatory if they are given in the prescribed manner and in accordance with the appropriate form; They should be legitimate, to be legitimate; The person must create their illegal character.

For the harm caused by the fulfillment of a illegal order or order, the person who gave it is responsible.

The person who refused to fulfill the criminal order for him is exempt from criminal liability.

The concept of criminal law

Under the phrase "Criminal Law", firstly, the branch of criminal law is understood. This is a system of norms that are accepted by the State Duma of the Federal Assembly of the Russian Federation and, according to part 1 of article 1 of the Criminal Code consists of the Criminal Code. Separate criminal laws are subject to mandatory inclusion in the Criminal Code.

The branch of law is also understood under criminal law, which includes not only the norms of criminal legislation, but also arising on their basis criminal relations, as well as law-making and law enforcement activities.

Criminal law is a public law industry. This combination of legal norms that establish which social and dangerous acts are recognized by the state criminal and what punishment follows them. As a branch of law, criminal law differs from other industries in that it protects the existing relations in society, which mostly regulated by other industries.

If the norms of most of the branches of the right contain permission, prescriptions and prohibitions, then the norms of criminal law - the prescription and prohibitions. Exception - Institute of Circumstances Exalting Crime Acts. This is a combination of norms-permissions on the necessary defense, extreme necessity, reasonable risk, etc. The subject of criminal law

The subject of criminal law is those public relations that arise in connection with the person of the crime and the use of punishment.

1) The protective criminal relations arising in connection with the commission of a crime between the person who committed a socially dangerous act and the state. This legal relationship is unilateral in nature: the offender is obliged to bear responsibility for the committed act, and the state has the right to punish it.

2) Relationships associated with the retention of a person from criminal encroachment through the threat of punishment. This is a legal impact on people's behavior.

3) Relations arising from the realization of citizens' right to cause harm when protecting against socially dangerous encroachments.

The criminal law method

The method is a set of criminal law impact on social relations with the purpose of their settlement. In the educational literature, the method comes down to the establishment of crime and the punishability of acts and criminal prohibitions of actions dangerous for the individual, society and the state, for the violation of which, as a rule, follow the attraction of criminal penalties. Allocate the following methods.

1) The permitting is controlled by the subject to commit certain actions.

2) Prescription - obliges the subject to make certain actions.

These methods refracting in relation to the types of criminal law relations are in the form of specific methods. Thus, the protective criminal relations are governed by the following methods:

Application of criminal punishment;

Exemption from criminal liability and punishment;

Application of forced medical measures in accordance with the law.

Common-country relations are governed by establishing a criminal law, and regulatory criminal relations are related to the method of empowering citizens to the active struggle with dangerous personality, society and states of acts. In general, it is possible to name the method of criminal law by imperatively prohibitive.

Objectives of criminal law (Article 2)

The tasks coincide with the objectives of the Criminal Code, are defined in Article 2 of the Criminal Code of Russia, the analysis of which allows you to allocate three tasks:

Protection of the most important public relations from criminal encroachments;

Ensuring peace and security of mankind;

Warning of crimes.

Speaking about the protective task of the Criminal Code, it is necessary to keep in mind two aspects of this problem. The first is the overall prevention of the criminal law, that is, the prevention of crime committed by citizens under the influence of a criminal law. Another aspect of criminal law is the private prevention of criminal law. Under it means the prevention of committing crimes by persons who have already committed any crime.

In accordance with Part 1 of Article 2 of the Criminal Code, the rights and freedoms of a person and a citizen, public order and public safety, the environment, the constitutional system of the Russian Federation are protected from criminal encroachments. According to the Constitution, a person, his rights and freedoms are the highest value. Basic rights and freedoms belong to a person from birth. In accordance with the Constitution, private, state, municipal and other forms of ownership are equally protected.

Under public order is a combination of social relations, providing: social peace, compliance with public morality, uninterrupted work of transport, enterprises, institutions and organizations, physical integrity of the individual. Public security is a state of protected by the vital interests of society from internal and external threats.

An independent object of criminal law is the environment. In accordance with the Constitution, everyone has the right to a favorable environment. Among legal instruments protecting this constitutional law, the norms of the Criminal Code on the responsibility for environmental crimes.

The concept of constitutional structure as an object of criminal law can be determined from the analysis of Article 1 of the Constitution of the Russian Federation. Its content includes: fixing the form of state power, determination of the source of state power and methods of the implementation of democracy, the limits of the sovereignty of the Russian Federation, the principles of the federal device, the principle of separation of the authorities, the system of state authorities, the direction of social policy, the principle of the priority of personal rights, the principle of ownership of ownership , fixing the legal force of the Constitution of the Russian Federation and the procedure for its change.

In part 2 of Article 2 of the Criminal Code, the main ways of implementing the tasks of the Criminal Code are determined. This is the establishment of the foundations and principles of criminal liability, determining which acts are considered dangerous, the establishment of punishments and other measures of a criminal law for committing crimes.

2. Claimed work. Concept. Appointment procedure. Mandatory work consist in implementing a convicted person in free from the main work or study, the time of free socially useful works, the type of which and objects where they are departed are determined by local self-government bodies in coordination with criminal offering.

This punishment:

Basic;

Urgent;

Affects physical freedom of personality.

Mandatory work is a new punishment for the criminal law of Russia. He appeared in the 1996 Criminal Code after studying the foreign practice of the use of punishments not related to the deprivation of freedom. So, in the UK, a similar punishment is the order of the court on providing services to society (fulfillment of free useful works), in France - unpaid work in public interest.

The peculiarities of the type of punishment are:

1) the obligation of work;

2) the execution of them only in free from the main work or study time;

3) the free work for the convicted person;

4) the definition of the type of these works and objects where they are departed, local governments in coordination with criminal inspections.

The obligation of work implies their compulsion, the convicted person does not have the possibility of choosing work, he is obliged to fulfill the type of work that he will be provided.

Works should be performed only in free from the main work or study time. This means that the convicted person has no right to fulfill compulsory work during working hours (if it has the main place of work) or during when he should be at study (if a convicted person is a student of lyceum, college, institute, university).

The free work for the convict assumes that for the required mandatory work, it does not rely monetary or other remuneration.

The type of mandatory work and places where they are departed are determined by local governments in coordination with criminal inspection inspections. Consequently, the work will be usually unqualified (the use of convicts in the field of servicing the population, cleaning the territory of settlements, repair and construction and other works).

Mandatory work is set for a period of 60 to 240 hours and are not serving more than 4 hours a day. Such an order does not allow concentrated, to quickly work out the appointed period. This significantly increases the repressiveness of punishment, makes it very effective in achieving the goals of restoring social justice, preventing new crimes and corrected convicts.

Mandatory work apply only as the main sentence. They are envisaged, as a rule, for committing crimes of small severity.

Given the possible nature and severity of compulsory work, they are not appointed by persons recognized by disabled students, pregnant women, women who have children under 3 years old, military personnel passing military service, as well as servicemen passing military service under the military service for military service The positions of the ordinary and sergeant composition, if at the time of the sentence of the sentence did not serve as prescribed by the law of service for call.

In case of malicious evasion from serving compulsory work, they are replaced by the restriction of freedom, arrest or imprisonment. In determining the term of restrictions on freedom, arrest or deprivation of freedom, the replacement is carried out at the rate of 8 hours of an unnecessary period of compulsory work for 1 day restrictions on freedom, arrest or imprisonment.

The convicts seem to be malicious from serving compulsory work:

1) more than two times during the month did not render compulsory work without good reasons;

2) more than two times during the month breaking the work discipline;

3) who was hiding in order to avoid punishment.

With regard to convicts, maliciously avidiously avoiding compulsory work, the criminal executive inspection sends an idea of \u200b\u200bthe replacement of compulsory works by another point of punishment.

Ticket number 3.

1. Object crime. Concept. Types of objects. The ratio of the object and the subject of the crime.The concept of the object

The sign of the crime "Public Danger" is expressed in the object of crime, since the object is public relations, which are violated or put at risk when committing a crime. An exemplary list of objects is given in part 1 of article 2. These are human rights and freedoms and citizen, property, public order and public security, the environment, the constitutional system of the Russian Federation.

Based on the definition of the object, there can be no objects of the material of the material world and the rule of law. The object is a public relations settled by other branches of law. The circle of objects may vary depending on the development of society. If there is no crime object, then there is no one of the elements of the composition, which means that criminal liability is excluded.

The establishment of a crime object makes it possible to determine the social and legal essence of the crime, to detect socially dangerous consequences, to properly solve questions about the limits of the criminal law, on the qualification of the act and the elimination of it from related crimes.

It is the object of a crime that is based on the legislative classification of crimes in a special part of the Criminal Code. Being an independent element of the composition of the crime, the object at the same time significantly affects the content of its other objective, as well as subjective signs.

In the most general form, the object of the crime is that the criminal activity of the person committing a crime is aimed, and what is objectively caused by this crime harm or the threat of causing such harm is created.

Types of objects

Two classifications:

1) Based on the philosophical categories of a single, private and general. This is a vertical classification - refinement of objects:

Common object. This is a combination of all public relations that are violated. The overall object is one for all crimes. Thus, it includes relations providing the normal functioning of the personality, property relationship, relations in the field of economic activity, relations on environmental protection and the rational use of natural resources, the relationship in the field of public authority, the relationship of military service, etc. The general object of the crime allows you to distinguish criminal and not criminal acts. It corresponds to the special part of the Criminal Code;

Generic object. This is a combination of social relations that regulate certain spheres of public life. This is an object that covers a certain circle of homogeneous in its economic or socio-political essence of public relations, which, by virtue of this, should be protected by a single complex of interrelated criminal law. Thus, social relations are protected by a single complex of norms that ensure the normal functioning of the personality. The generic object in the Criminal Code corresponds to the section. The generic site allows you to distinguish with similar composition of crime;

Species object. Must match the generic object and do not contradict him. This is a combination of social relations within the generic facility, which reflect the same interest of the participants in these relations or express although not identical, but very closely interrelated interests. Property relationships are a species object and in this capacity are included in a wider range of public relations in the field of economics (generic object). The species object in the Criminal Code corresponds to the chapter. The species object, as well as the generic, is a criterion for distinguishing crimes similar among themselves;

Direct object. These are concrete public relations that are violated or put at risk in committing a crime. The direct object specifies the species and determines whose right is violated. The direct object can be individual for one crime or the same for several, be protected by one or more standards. The immediate object is a sign of each specific crime, and it is criminal encroachment that it is carried out. Determining the immediate object, we determine the victim from the crime. The direct object is determined.

For example, all murders, regardless of the personality of the victim and other circumstances, encroach on public relations, providing human life. These relationships are the immediate object of murder. Life of Ivanova, Petrova, etc. In the case of encroachment, it becomes the object of a specific criminal impact, but not a direct object of killing as a certain kind of crime.

2) at the level of direct objects. Horizontal classification:

The main direct object. This is a social relation to which criminal encroachment is primarily directed. When he encourages him, the guilty causes harm to social relations, which make up the species and generic facilities of this crime. It is the public relations that make up the main object, the legislator sought to put under protection primarily, formulating a specific criminal law. If the need for legal protection of social relations has served the purpose of creating the norm, it means that these relationships are the main object. It predetermines the qualifications and is always obligatory;

Additional direct object. This social relation that is violated along the way, in connection with the encroachment on the main object. These are such relationships that always automatically undergo harm from criminal encroachment, although not for the sake of their own protection, the norm was created. He is obligatory in the composition;

Optional direct object. These are the public relations that may be violated during the commission of a crime, but do not affect qualifications. The main differences of the optional object from the additional is that an additional object is always harmful when making a specific crime, and optional - may cause, or maybe, it depends on the specific circumstances of the case. Harm causing an optional object indicates a higher degree of public danger of act and in this capacity should be taken into account when determining the type and size of punishment.

Subject of crime

In the Russian pre-revolutionary criminal law, the concept of "crime" and the "crime object" was often used as synonyms. In modern criminal law theory, they have different content. The crime object is one of the four elements of the composition of the crime. As part of this element, there are three traits - mandatory, i.e. Object itself, and optional, i.e. The subject of the crime and the victim. Optional signs The subject of the crime and the victim are because they are indicated in the law not in all the compositions of the crime, but only in some.

A wide understanding of the subject: as a public relations element, affecting which the guilty encroaches on the object. At the same time, the approach of impreit crimes does not happen.

Narrow understanding: as a matter of material world, which is affected by the guilty. But with this approach, not all crimes have a subject.

In this case, you need to make a refinement:

First, the subject of crime is not only physical bodies, but also intellectual values. For example, the disclosure of information constituting the state secret may not affect directly on any thing of the material world, but simply to betray the relevant information to publicity. Illegally collecting information constituting commercial, tax or bank secrecy, it can also or directly influence material sources, on which information is recorded (by copying, abducting), or fix information without physical impact on its carrier (listening, observation memorization).

Secondly, the subject of the crime is not always an expression of a crime object. That is when it coincides with the subject of a protected public relations. For example, the object of crimes against property is the property relationship, which develop about the empower to own, enjoy and dispose of property. In this case, property will be the subject of property relations, and the subject of crime against property, such as theft, since, it is impact on property, the guilty causes harm to the owner. However, in some cases, the subject of the crime is not an element of a crime object, as it does not act as a subject of a public relations protected by law. For example, with counterfeit, the subject of crime is fake money or securities, while the subject of the law protected by the law in the financial activity of the state is genuine money and securities. Therefore, the subject of the crime is an independent elective sign of the composition of the crime.

The object is always necessarily violated, and the subject may suffer, and may not change.

I wrote about this: "A criminal act as legal relevant in itself is two separate points: the attitude of the criminal to a law of legal interest to the law is a crime and attitude of the state to the criminal caused by the criminal act, the punishment; Therefore, the criminal law can be designed in two ways: or a criminal act is put on a criminal act, in relation to which Kara or punishment is more or less inevitable consequences, or ahead is awarded the punitive activities of the state and the criminal act is considered only as the basis of this activity. Hence the dual name of science ... "

The name of this branch of law in Russian has an indirect attitude of both the crime and to punish. The adjective "criminal" was introduced in the legal ledxicone in the last quarter of the XVIII century. His origin is two: on the one hand, it goes back to the legal monuments of ancient Russia who used such terms as the "head" (killed man), the "head" (killer), the "head" (murder), "heading" (remuneration to relatives killed), on the other hand - to Latin adjective capitalis (from caput. - Head, man, individual), which in Roman law was part of the most severe types of punishments related to the death penalty, deprivation of freedom or Roman citizenship. In the Russian medieval literature (XVI century), there was a word "criminal" with the meaning of "deprivation of life", "head deprivation":

Give the city of the wolf without a battle,
Without battle and without a fight
Without tech crime Mortal!

…

The defense of Pskov from Stephen Batory. // Library of World Literature. Epics. - Moscow, Eksmo, 2008, p. 470.

History of development

Criminal law of the ancient world

Specific traits:

• Criminal law is not allocated as a separate branch of law, crime and punishment standards are adjacent to the norms regulating property relations
• The severity of punishments is applied by the principle of Talion (" an eye for an eye a tooth for a tooth»)
• The essential influence of religious and moral rules for the norms of law
• The absence of general norms, there are only rules that establish responsibility for specific acts
• Objective imputation (the basis of responsibility is to commit an act regardless of the guilt).

Middle Age Criminal Law

Specific traits:

• Criminal law is not allocated as a separate legal industry, the norms of crimes and punishments are adjacent to the norms regulating property relations
• Most punishments are of the property ("Vira")
• Rights of the right acquire a secular character, church law is allocated in a separate industry
• Despite the absence of general standards, unified terminology begins to develop for the designation of the main categories of criminal law.
• Casuality (legal norms seek to cover all possible options for criminal behavior)
• The first ideas about the subjective side of the crime appear, however, the establishment of guilt is often drawn up in ritual forms (for example, a court duel)

Criminal law

Specific traits:

• Criminal legal norms are isolated in certain sections of draft laws
• Sigor punishments, widespread use of a simple and qualified (performed painful way) of the death penalty
• The wide use of unified terminology (the appearance of definitions of the concepts of "crime", "punishment", etc.), the norms of a general nature are associated with an associative order, but not yet allocated to a separate unit.
• The casusuality of the right decreases, the norms of crimes are listed in the system, the selection of the generic object as a systematic criterion
• Receives the development of the doctrine of the subject of crime (including permanentness).

Criminal law

Specific traits:

• Codification of criminal law
• The main punishment becomes imprisonment.
• Allocation of the overall and special part.
• The norms are taken abstract character, only the general signs of this type of crime are fixed.
• Subjective imputation (to be held accountable in addition to the fact of making an act, the establishment of guilt is required).

Subject regulation

The subject of regulating the legal industry is a combination of public relations that are governed by this industry. It is usually believed that the subject of regulation in criminal law is the following types of public relations:

The protective legal relationships arise between the state in the person of law enforcement agencies on the one hand, and the person who committed a criminal act, on the other hand. The state in this legal relationship is entitled and obliged to attract the responsibility for this act and appoint him a punishment, to apply other measures of criminal and legal impact, or if there is reason to exempt it from the adverse effects associated with the commission of a crime. The person who committed the criminal act is obliged to undergo a compulsory effect on the part of the state and has the right to ensure that its actions get the right legal assessment. Regulatory legal relations are associated with endowment of citizens by the right to harm or create a threat to harm the criminal law with public relations, benefits and interests under certain conditions (for example, during defense from encroachment, under the influence of coercion or other circumstances, excluding the crime of act).

There is another point of view, according to which the criminal law does not have its own subject of regulation, since other branches of law are engaged in regulation of social relations, and criminal law only establishes responsibility, the sanction for their violation is the mechanism of their protection; Such a point of view was adhered to K. Binding, O. E. Leist, A. A. Pionkovsky, V. G. Smirnov. Opponents of this point of view (N. S. Tagantev, N. D. Dormanov) there are many criminal law prohibitions that are unknown to other branches of law; These include, for example, prohibitions relating to many encroachments against personality.

The question of the time of the emergence of a guard legal relationship and its subjects in criminal law theory is controversial. In addition to the above described above, the following points of view were expressed in this regard:

• The moment of the emergence of a protective legal relationship is the moment of entry into force of the court sentence, and its subjects are convicted and the court, which made the sentence (V. G. Smirnov).
• The moment of the emergence of a protective legal relationship is the moment of initiating a criminal case, and the subjects are accused and the prior investigation authority (Ya. M. Brownin).
• Subjects are society as a whole and the person who committed a criminal act (O. Petrov).

Some scientists (in particular, A. V. Naumov) propose to expand the definition of regulatory criminal relations, including generally privilege (general-wide) relations, which arise when making a criminal law and impose responsibility for citizens to refrain from committing criminal acts under the threat of punishment . This position is criticized on the grounds that the proposed design does not fit into the traditional scheme of absolute legal relations (in which the right of one particular person is protected from encroachments by an indefinite circle of persons), do not have its own method of regulation (since the threat of punishment can only be realized through the protective legal relations ) and relate to the methods of legal impact, and not legal regulation.

Admission method

Tasks and functions

The task of criminal law of most states is to protect the interests of society from criminal encroachments and preventing crimes. Specific wording may differ in detail (for example, the New York Criminal Code soamizes these tasks: "To prohibit the behavior that is unreasonably and inaferably causes or threatens to cause significant harm to individual or public interests" and "Provide public security, warning the commitment of encroachment through frightening The impact of imposed by punishments, social recovery of the personality of condemned, as well as their isolation, when it is required in the interests of the protection of society "), but the essence of them is generally the same.

Solving these tasks, criminal law performs the following functions:

The protective function is the main and traditional for criminal law and is expressed in the protection of the normal lifestyle of public life from violation by establishing crime of specific acts, the use of criminal punishment and for their commission. When implementing this function, a protective criminal relationship arise and the method of coercion is used. Warning (prophylactic) function is expressed in the creation of obstacles to commit the crime by the establishment of a criminal law, in promoting law-abiding citizens to actively counter criminal acts, and criminals - to refuse to bring the initiated crimes to the end, to restoring the benefits of their benefits and interests. Highlight overall prevention (prevention of crimes by any persons) and special prevention (Prevention of crime repeated persons who have previously committed a crime). The educational function is expressed in the formation of respect for the citizens to the protected criminal law, public relations, interests and benefits, intolerable attitude towards offenses. All people in the nature of the impact on them criminal law can be divided into three parts: for the first, the presence of criminal law prohibitions is not mandatory, since the commission of crimes contradicts their worldview, including the ideas of good and evil, the second does not commit crimes from fear The punishment, and the third consciously go to the commission of crimes. The educational function of criminal law is aimed at the formation of all citizens of convictions who make crimes internally unacceptable for them. It should be noted that the implementation of this function is impossible for purely criminal laws, to achieve its goals, the agreed work of all legal and other public institutions is necessary.

The importance of the educational function is underlined by the fact that the effectiveness of criminal lawsuits significantly depends on the critical legal consciousness dominant in the society: if most citizens consider such phenomena as bribery, theft of state property, etc., then laws aimed at combating them, No matter how severe they were not, their goal is not achieved.

Controversial is the question of the priority of any of these functions; However, it can be concluded that they are all important enough.

System

In the criminal law of most states, the overall and special parts are allocated. In general, there are norms that determine the content of the basic concepts of criminal law ("Crime", "Punishment", etc.), common to all crimes of criminal liability, list and content of punishment, other measures of a criminal law, and so on. d. The norms of the special part are fixed by the signs inherent in specific types of crimes. In some states (France, Turkey) there is a special part, the norms of which are fixed by the signs inherent in specific types of administrative offenses in the absence of the Administrative Offenses Code, or if such a code adopted, the Norms of the Special Parts establish a criminal offense with a smaller public danger, What crimes, but more than administrative offenses, called criminal misconduct (USA, Canada).

Relationship with other branches of law

The implementation of the protective function of criminal law ensures the normal course of socially useful public relations regulated by other industries of law: civil law, labor law, environmental law, etc. In addition, it is often criminal law standards contain references to the norms of other branches of law: for example, Criminal law can establish responsibility for crimes related to violation of the procedure for carrying out entrepreneurial activities, but the establishment of a legitimate order of such activities is included in the subject of civil law).

There are two possible approaches to resolving situations where the norms of criminal law enter into competition with the norms of administrative or civil law. Priority can be given to the norms of criminal law or the norms of other industries; The latter is one of the manifestations of the principle of criminal repression, which suggests that criminal liability should be applied only in cases where it is impossible to do without it.

It should also be noted the doctrine of the Criminal Sector (Matiere Penal), which is applied by the European Court of Human Rights and covers criminal law, criminal procedure and part of administrative legal relations; In fact, all similar criminal restrictions on human rights and freedoms are rendered to it. The need to allocate such a sphere is associated with the fact that some states do not fulfill obligations to protect human rights, referring to the fact that the responsibility is administrative, and not criminal.

Some rules of criminal law make a reference to international law: in determining the territorial limits of the action of national criminal law, resolving the issue of bringing to the responsibility of persons who commit the duties of a diplomatic and consular office, about issuing persons who have committed a crime, the crimes against peace and security of humanity must be followed standards of international treaties.

Finally, criminal law is closely related to some extra-sectoral legal sciences:

• Criminology studies crime in general, means and ways to prevent it and combat her
• Criminalistics considers the mechanisms for the commission of specific crimes and the ways of their disclosure
• Judicial psychology explores the causes of criminal law and methods of corrective impact on crimes.
• Judicial psychiatry decides on the impact on human behavior (including criminal-illegal) mental diseases and other pathological states of the psyche.
• The forensic medicine is engaged in the establishment of the nature and degree of harm to the health caused by man criminal encroachments.

Principles

The principles of criminal law are the main sustainable legal provisions that are the basis for all its norms that determine the content of both the entire criminal law as a whole and individual institutions.

The basic principles of criminal law are usually enshrined in criminal law. The specific content of the principles may vary from country to country, but some of them are known in almost all countries of the world.

Principle of legality

For the first time in criminal law, this principle was formulated explicitly by Anselm Feyerbach in the Bavarian Criminal Code of 1813 in the form of a claim so that the punishments were appointed only for the crime currently provided for by the current criminal law and on the basis of the current criminal law ( Nullum Crimen, Nulla Poena Sine Praevia Lege Poenali, often quoted in the form nULLUM CRIMEN SINE LEGE and nulla Poena Sine Lege) And he was perceived in most countries, including in the Russian Federation.

International legal consolidation This principle received in paragraph 2 of Art. 11 of the Universal Declaration of Human Rights: "No one can be convicted of a crime on the basis of the commission of any act or for the inaction, which during their commission did not constitute crimes on national laws or by international law. It may not be punished with a cleaner, rather than that which could be applied at the time when the crime was committed. "

As a rule, in modern states, the principle of legality includes the following elements:

• Prohibition of the application of the criminal law by analogy.
• The requirement of certainty of legal norms (LEX CERTA), which implies that the criminal prohibition must be formulated clearly that the law enforcement can interpret it arbitrarily.
• The impression of the punishment is more serious than envisaged when committing a crime.
• Procedural legality - the possibility of attracting criminal liability only in a certain procedural procedure and by the court sentence.

The principle of citizens' equality before the law

At the same time, the law may provide for certain socially determined features of the criminal responsibility of individual categories of persons: for example, women, minors, the elderly.

In addition, individual categories of individuals may be provided with diplomatic immunity from the criminal jurisdiction of the host state. For such persons (for example, employees of diplomatic missions and consulates), the criminal jurisdiction of the country, which they are representatives are continuing.

PRINCIPLE OF HUMANISM

The fact that the application of criminal law should be based on the principles of humanism, wrote still theoretics of the era of the New Time: Cesare Beckakaria, Charles Louis Montesquiere and others.

This principle found an expression in international legal norms. So, Art. 5 of the Universal Declaration of Human Rights establishes that no one should be subjected to torture or cruel, inhuman or degrading treatment and punishment.

Principle of dual responsibility prohibition

Often, this principle is complemented by the principle of economy of criminal repression: criminal legislation is used only when it is impossible to solve the problem using other mechanisms of social control, and in the minimum necessary amount.

The wide codification of criminal law takes place in Germany, where in addition to the Criminal Code. Strafgesetzbuch) There is an additional criminal law system (it. Nebenstrafrecht.), the exact number of rules in which is unknown, but in any case exceeds 1000; In France, in addition to the Criminal Code, there are ordinances taken by the government and establishing responsibility for criminal offenses.

In the countries of the Anglo-American legal family, such a source of law is also used as a judicial precedent. In some legal systems, criminal law standards can also be established in the texts of a religious nature.

Criminal law policy

The criminal law policy is part of the criminal policy, within which:

• The basic principles and directions of criminal law regulation are determined.
• Criminalization (recognition of acts of criminal) and decriminalization of acts
• Penalization occurs (determining the specific penalties for the commission of a certain act) and departing (the establishment of conditions under which forced measures related to the commission of crime are not applied)
• Alternative and applied along with the punishment of other criminal proceedings
• There is an interpretation of the existing norms of criminal law in order to clarify their meaning in the current historical context.
• Law enforcement agencies are focused on the practical application of norms and criminal law.

Features of the criminal law of the countries of the world

Although the criminal law of each of the worlds of the world has its own characteristics, as a rule, it is possible to distinguish features that allow it to be attributed to one of the world's existing legal systems or families. Regarding the number and composition of such families in science, disputes are conducted. So, A. V. Naumov allocates the following criminal law systems: Romano-German (continental), Anglo-Saxon, Socialist and Muslim. A. A. Malinovsky, depending on the role and place of criminal law, divides criminal law systems on humanistic, punitive and repressive; He also highlights religious and secular systems. O. N. Vedernikova allocates Romano-German, Anglo-American, Muslim, socialist and post-socialist type. G. A. Esakov allocates criminal law families in general, continental, religious, community and customary law. V.N. Dodonov, pointing out that the socialist system as such has already disappeared, it allocates Romano-German, Anglo-Saxon, Muslim and mixed (hybrid) systems.

Legal families on the world map

Criminal law in the countries of the continental legal family

Main article: Criminal law in the countries of the continental legal family

• The abstract nature of legal norms (described common species for all crimes)
• Codified nature of regulatory acts
• Restriction or prohibition of judicial law
• Practical complete absence of fiction

Criminal law in the countries of the Anglo-American legal family

Main article: Criminal law in the countries of the Anglo-American legal family

Modern trends in criminal law

Significant social, political and economic changes, which began in the 1980s throughout the world, led to the fact that the global nature of the renewal of criminal law began. Since 1990, new criminal codes have been adopted in more than 50 states in the world. Criminal codes of the countries of the Socialist Block were indigenous. V.N. Dodonov allocates three trends that are common to the overwhelming majority of states of the world: humanization of criminal law, criminalization of new types of criminal activity and.

Humanization of criminal law

Humanization of criminal law is one of the most "long-playing" trends of its development. Back in the XVIII century, the first initiatives on the abolition or limitation of the application of the death penalty appeared; So, in England from 1826 to 1861 the number of crimes for which the penalties were established decreased from 200 to 4.

Although in the first half of the 20th century there was some departure from this trend (both in countries with democratic and authoritarian regime), from the mid-1950s, criminal law begins to be subjected to humanization, and both in the West and in the countries of the socialist camp. The main trends of this period of humanization are:

• The refusal of the death penalty is currently the death penalty is completely canceled in 95 countries, applied in practice only in 58.
• Refusal of corporal punishments - apply only in 33 countries.
• Refusal of relieving works - in many European countries and in the United States were excluded from legislation.
• Refusal to the general confiscation of property - canceled in France, many countries of the post-Soviet space and Eastern Europe
• The appearance of punishments that can be used instead of imprisonment: in addition to traditional types of such punishments (fine, forced work, conditional condemnation) appeared such species as public works, restriction of freedom, home arrest, etc.
• Increasing the number of cases when a person can be freed from responsibility: the spread was the possibility of reconciliation with the victims, the limits of the necessary defense were expanded, the Institute of Reduced Bempained appeared.
• The decriminalization of many acts, which, in connection with the development of an administrative responsibility system, were translated into the discharge of administrative offenses. Among such decriminalized acts, it is possible to name the appearance in public places in a state of intoxication, many offenses against moral maintenance of society, religion, violations of marriage legislation, voluntary homosexual contacts, abortions, minor thefts, vagrancy, marital treason, etc.

Criminalization of new types of criminal activities

The Company is a dynamic system in which new types of social relations constantly appear and the old one is modified. In this regard, new types of crimes appear, and the public danger of older may vary in a large or smaller side, or to disappear at all.

At the end of the 20th century, when the dynamics of social relations in connection with globalization, complication of the social organization, the emergence of new technologies and types of economic activity, these processes accelerated significantly. The following acts underwent criminalization:

• The crimes of terrorist nature, which acquired mass forms and received the status of international. Crimes began to recognize such acts as financing terrorism, facilitating terrorism, hijacking aircraft, etc.
• Organized criminal activity: the very creation of gangs or criminal organizations has become considered an independent crime, a complex of administrative, criminal law and procedural standards aimed at opposing organized crime was introduced.
• Economic crimes. A wave of criminalization of new types of economic crimes was held in connection with the transition of the countries of the socialist camp to the market economy. In addition, in modern criminal law, the institution of criminal liability of legal entities began.
• Money laundering: This act in the 1990s was criminalized in the overwhelming majority of states.
• Corruption crimes. In 2003, the UN Convention against Corruption was signed, which establishes the need to criminalize various types of bribing and providing unlawful advantages by public officials. The dissemination was the criminalization of international corruption, consolidation in the criminal legislation of the concepts of "corruption" and "trade by influence".
• Environmental crimes that began to stand out as a commonality combined by a common security object.
• Computer crimes: the rules about them appeared in most criminal codecs in the 1980s - 1990s.
• Sexual exploitation of minors: In many criminal codecs, special norms appeared, establishing responsibility for the turnover of child pornography, tightened the fight against pedophilia and children's prostitution.
• Crimes in the field of nuclear and radiation safety: the norms about them appeared in connection with a number of major accidents at nuclear power plants.
• Medical crimes: illegal transplantation and trade in organs, illegal gene manipulations, illegal medical experiments on man, illegal artificial fertilization and action with embryo, human cloning, etc.

International criminal law

Responsibility for some kind of crimes (such as crimes against peace and security of humanity, apartheid, genocide, piracy, slave trade, war crimes) are provided for not only in the national criminal law, but also in international treaties.

These crimes are called crimes with international jurisdiction. Persons who committed them can be condemned by the court of any state recognizing relevant international treaties. In addition, special international judicial authorities (courts and tribunals) are being created, intended for the production of such crimes. The most significant among them is currently an international criminal court.

Criminal law science

The science of criminal law is a system of ideas, views and theoretical provisions relating to all the problems of criminal law as the legal industry. The science of criminal law is engaged in the generalization of the experience of constructing criminal law standards and the practice of their application, evaluating their effectiveness and solves the task of improving criminal law, predicting ways to its development. Ideological functions are performed by it: there is a task of legal education of citizens before it.

In science of criminal law, several directions are distinguished: educational and humanistic, classical, anthropological, sociological.

Notes

1. Tagansev N. S. Russian criminal law. Part overall. T. 1. Tula, 2001. P. 27.
2. Russian criminal law. Common part / ed. V. S. Commissar. SPB., 2005. P. 9.
3. Golik Yu., Eliseev S. The concept and origin of the title "Criminal law" // Criminal law. - 2002. - № 2. - P. 14-16. - ISBN 5-87057-363-7.
4. Tagansev N. S. Russian criminal law. Lectures. Part overall. - SPb, 1902. - T. 1.
5. Naumov A.V. Russian criminal law. Lecture course. In two volumes. T. 1. Common part. 3rd ed., Pererab. and add. M., 2004. P. 9-10.
6. Naumov A.V. Russian criminal law. Lecture course. In two volumes. T. 1. Common part. 3rd ed., Pererab. and add. M., 2004. P. 10.
7. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 4.
8. Lyapunov Y. Criminal law: subject and method of regulation and protection // Criminal law. - 2005. - No. 1. - P. 50-51. - ISBN 5-98363-001-6.
9. Nazarenko G.V. Criminal law: course of lectures. - M.: Ace-89, 2005. - p. 5. - ISBN 5-98534-216-6.
10. Golik Yu. V. Method of criminal law // Journal of Russian law. - 2000. - № 1.
11. Naumov A.V. Russian criminal law. Lecture course. In two volumes. T. 1. Common part. 3rd ed., Pererab. and add. M., 2004. P. 13.
12. Kouligin V. Criminal law, legal consciousness, justice // Criminal law. - 2003. - No. 1. - P. 120. - ISBN 5-87057-399-8.
13. A. Vaumov about the legislative and law enforcement assessment of social values \u200b\u200bprotected by criminal law // Actual problems of criminal law. M., 1988. P. 31-37.
14. Fletcher J., Naumov A. V. The main concepts of modern criminal law. M., 1998. P. 31.
15. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 48. - 448 p. - ISBN 978-5-93295-470-6
16. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - p. 46. - 448 p. - ISBN 978-5-93295-470-6
17. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 2.
18. Clepitsky I. A. Crime, administrative offense and punishment in Russia in the light of the European Convention on Human Rights // State and law. - 2000. - V. 3. - P. 66.
19. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 49. - 448 p. - ISBN 978-5-93295-470-6
20. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 12.
21. November 14th. RIA Novosti (November 14, 2005). Archived from the original on August 23, 2011. Checked on August 14, 2010.
22. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 56. - 448 p. - ISBN 978-5-93295-470-6
23. Universal Declaration of Human Rights. Adopted and proclaimed by General Assembly resolution 217 A (III) of December 10, 1948.
24. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 18.
25. Marx K., Engels F. Works. 2nd ed. T. 8. P. 530.
26. Criminal law. General part / d. ed. I. Ya. Kozachenko, Z. A. Slava. 3rd ed., Izm. and add. M., 2001. P. 51-52.
27. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 67. - 448 p. - ISBN 978-5-93295-470-6
28. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 80. - 448 p. - ISBN 978-5-93295-470-6
29. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 81. - 448 p. - ISBN 978-5-93295-470-6
30. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 1.
31. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 2.
32. Criminal law of Russia. Part of the total / resp. ed. L. L. Kruglikov. 2nd ed., Pererab. and add. M., 2005. § 1.7 chapters 1.
33. Naumov A. V. Racing by legal systems as a result of the development of criminal law XX century. And his prospect in the XXI century. // State and law. - 1998. - V. 6. - P. 50-58.
34. Malinovsky A. A. Comparative law in criminal law. - M.: International Relations, 2002. - P. 12-17.
35. Vedernikova O. N. Modern Criminal Legal Systems: Types, Models, Characteristics // State and law. - 2004. - V. 1. - P. 68-76.
36. Esakov G. A. Basics of comparative criminal law. - m .: Elite, 2007. - P. 28.
37. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - m.: Yurlitinform, 2009. - P. 32. - 448 p. - ISBN 978-5-93295-470-6
38. V. V. Deaconov. Tutorial on the theory of state and law.
39. Esakov G. A. Comparative law in the field of criminal law and the typology of criminal law systems of the modern world // Russian right on the Internet. - 2006. - № 2. ISSN 1729-5939
40. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 11-12. - 448 p. - ISBN 978-5-93295-470-6
41. World history of the state and law. Encyclopedic Dictionary. - m.: Infra-M, 2001. - P. 312.
42. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - M.: Yurlitinform, 2009. - P. 12-17. - 448 p. - ISBN 978-5-93295-470-6
43. Dodonov V. N. Comparative criminal law. A common part. Monograph / under total. and scientific ed. S. P. Shcherba. - m.: Yurlitinform, 2009. - P. 17-23. - 448 p. - ISBN 978-5-93295-470-6

see also

Links

• Federal legal portal. Catalog of resources in criminal law

Literature

References

• Russian criminal law. Common part / ed. V. S. Commissar. - SPb.: Peter, 2005. - 560 p. ISBN 5-469-00606-9.
• Criminal law of Russia. Parts General and Special: Textbook / M. P. Zhuravlev, A. V. Naumov et al.; Ed. A. I. Rarog. - M.: TK Velby, Prospekt, 2004. - 696 p. ISBN 5-98032-591-3.
• Criminal law of the Russian Federation. General: textbook. Workshop / Ed. A. S. Mikhlin. - M.: Lawyer, 2004. - 494 p. ISBN 5-7975-0640-8.

• Course of criminal law. T. 1: Common part. The doctrine of a crime / ed. N. F. Kuznetsova, I. M. Tyazhkova. - M.: Zrotsalo-M, 1999. - 592 p. ISBN 5-8078-0039-7.
• Maltsev V. V. Principles of criminal law and their implementation in law enforcement. - St. Petersburg: Legal Center Press, 2004. - 692 p. ISBN 5-94201-323-3.
• Naumov A. V. Criminal law // Legal Encyclopedia / D. ed. B. N. Topornin. - M.: Lawyer, 2001. ISBN 5-7975-0429-4.
• Pudochkin Yu. E., Pierzagidov S. S. Concept, principles and sources of criminal law: a comparative legal analysis of the legislation of Russia and the CIS countries. - St. Petersburg: Legal Center Press, 2003. - 297 p.

Ministry of Education and Science of the Russian Federation

Federal State Budgetary Educational

establishment of higher vocational education

"Komsomolsky-on-Amur State

technical University"

Faculty of Economic Technology

Department: Criminal and Legal Disciplines

Course work on the discipline "Criminal law"

On the topic "Concept, goals, objectives of the criminal law of the Russian Federation"

Student of the group 4UURB4D-1 Yu.N. Solomenko

Lecturer S.G. Latushkin

Normocontrolr S.G. Latushkin

Introduction ................................................................................. 3.

1 concept and subject of criminal law ......... .. ........................... ........ 4

1.1 Criminal law system .................................................... ... 9

1.2 Sources of criminal law ................................................................................... ... ... 11

2 Basic objectives and functions of criminal law ............................................................................................................................................ ... 14

3 The concept and significance of the principles of criminal law ..................... ...... 16

Conclusion ............................................................................22

List of sources used .............................................23

Introduction

In most languages \u200b\u200bof the world, the name of the legal branch regulating relations related to the commission of crimes comes from the words "Crime" (for example, in English-speaking countries - Criminal Law, from English CRIME) or "punishment" (in Germany -strafrecht, from him. Strafe , in Bulgaria - the right).

N. S. Tagantsev wrote about this: "The criminal act as legal relevant includes two separate points in itself: the attitude of the criminal to the law of legal interest is a crime and the attitude of the state to the offender caused by the criminal act, the punishment; Therefore, the criminal law can be designed in two ways: or a criminal act is put on a criminal act, in relation to which Kara or punishment is more or less inevitable consequences, or ahead is awarded the punitive activities of the state and the criminal act is considered only as the basis of this activity. Hence the dual name of science ... ".

The name of this branch of law in Russian has an indirect attitude of both the crime and to punish. The adjective "criminal" was introduced in the legal ledxicone in the last quarter of the XVIII century. His origin is two: on the one hand, it goes back to the legal monuments of ancient Russia who used such terms as the "head" (killed man), the "head" (murderer), the "head" (murder), "heading" (remuneration to relatives The dead), on the other hand, to the Latin adjective Capitalis (from Caput - head, man, an individual), which in Roman law was part of the most severe types of punishments related to the death penalty, deprivation of freedom or Roman citizenship.

So, more M. M. Speransky in explanations to the draft criminal deployment of the Russian Empire of 1813 indicated that criminal punishment "The essence of those where the case is about the head, that is, about life, Diminutio Capitis, and the life of every person in society has Trojakaya: physical, political and civil; The last two are referred to as the rights of the state. Any punishment, directly depressing or pleading being, or a state of a person, is punishment of criminal. "

Criminal law is a branch of law that regulates public relations related to the commission of criminal acts, the appointment of punishment and the application of other criminal proceedings, establishing the basis of criminal liability and punishment. In addition, under criminal law, a section of legal science, studying this legal industry, as well as training discipline, under which the legal norms and general theoretical provisions are studied.

Tasks of work ...

Object of study…

Subject of study….

The purpose of the work is to consider criminal law as a branch of Russian law.

1 Concept and subject of criminal law

The origin of the word "criminal" in Russian is not fully clarified. According to one of the versions, it comes from the verb "Criminal", i.e. "Offended". According to another version, it is associated with the ancient Russian words "Crimis" and "Criminal", which meant crimes, entering the application to the guilty death penalty or other kara. To this, it should be added that in articles 26, 96-98 of the Pskov vessel diploma under the "criminal" murder was understood.

Currently, the term "criminal law" is used in the following values:

Branch of law;

Legislation;

Academic discipline.

Criminal law is an independent branch of law, i.e., a set of criminal law standards as general obligatory rules of conduct established by the state addressed to the uncertain circle of persons designed for repeated use and provided if necessary for the forced force of the state.

Criminal law as an independent branch of the right to have its own subject and method of legal regulation.

The question of the subject of criminal law regulation is discusional. A number of Russian authors expressed the view that the criminal law does not have its own subject of legal regulation (A. A. Pionkovsky, V. G. Smirnov), but only protects those relationships (family, labor, civil and other), which are regulated other branches of law. For example, in the Family Code of the Russian Federation (hereinafter referred to as the IC of the Russian Federation) regulated the procedure for collecting alimony to the maintenance of minor children. The norms regulating an alimony relationship corresponds to the norm enshrined in the Criminal Code of the Russian Federation, according to which malicious evasion from paying funds for the maintenance of children forms a crime that enhanced criminal liability.

It seems that the functions of criminal law cannot be reduced only to the protection of relations that have received regulation in other branches of law. Criminal law has its own, fairly specific subject of regulation.

Thus, the subject of criminal law as a branch of law is a public relations, firstly, aimed at protecting personality, society and states from criminal encroachments, secondly, related to exemption from criminal liability and punishment and, thirdly related to Preventive and stimulating function of criminal law.

The method of criminal law regulation can be expressed in the following ways of impact on public relations:

Establishing criminal law prohibitions;

Providing any person to countering publicly dangerous encroachments (the rights to the necessary defense, detention of the criminal);

Stimulating the positive behavior of the guilty person after the crime (active repentance, reconciliation with victims);

Exemption from criminal liability or punishment under certain conditions;

Applying forced medical measures;

Application of sanctions of criminal law standards.

The listed funds are the main and do not exhaust all the methods of criminal and legal impact on social relations.

Criminal law, as a branch of Russian legislation, is exhausted by the Criminal Code of the Russian Federation. This principle is fixed in part 1 Art. 1 of the Criminal Code of the Russian Federation 1996. No criminal laws establishing criminal liability can act outside the framework of the Criminal Code, in parallel with it and are subject to mandatory inclusion in its text.

The existence of the rules sending to the norms of other branches of law (on crimes in the field of economic activity, on environmental crimes, violations of special safety rules, etc.), do not ring this principle. The norms of other branches of law, being included in the criminal law, become its component.

Criminal law interacts with other branches of Russian law. His connection is most close with criminal procedural, criminal executive and administrative law.

The criminal procedural law is a set of standards that determine the procedure and form of activities of the body of the inquiry, investigator, the prosecutor and the court in order to investigate crimes, the proceedings of criminal cases in the courts and appealing the decisions of courts on such cases. The ratio of criminal and criminal procedural law is manifested primarily that the criminal law defines the legal categories that make up the subject of proof in the criminal process. So, for example, according to Art. 68 of the Criminal Procedure Code of the RSFSR (hereinafter referred to as the UPC RSFSR) in the production of inquiry, preliminary investigation and the proceedings of the criminal case in court is subject to proving the guilt of the accused in committing a crime. Forms of guilt are defined in criminal law, in particular in Art. Art. 24-26 of the Criminal Code of the Russian Federation 1996

In criminal law, the grounds for exemption from criminal liability and punishment, and in criminal procedural law, the procedure for such a liberation is determined. For example, Art. 75 of the Criminal Code establishes the foundations of exemption from criminal liability in connection with the active repentance of the person. Such grounds include: the commission of a crime relating to the category of acts of small severity, for the first time, voluntary turnout, promoting the disclosure of a crime, reimbursement of damage caused or the discharge of harm caused by a crime, in one way. This criminal law corresponds to the norm of criminal procedure law enshrined in Art. 7 Code of Crimson of the RSFSR, according to which the court, the prosecutor, as well as an investigator or an organ of inquiry with the consent of the prosecutor, has the right to terminate a criminal case against such a person. At the same time, in criminal procedural law, certain guarantees of the rights of persons exempted from criminal liability under the indicated grounds are envisaged. So, before the termination of the criminal case, the person must be explained to his right to object to the termination of the criminal case. The face, considering himself innocent, may require the consideration of his case by the court and seek to make an exclusive sentence. Thus, if the criminal law determines the content of legal relations, then the criminal process is a form.

The most close interaction of criminal law and criminal proceedings manifests itself in matters of criminal liability, subject to criminal case, limitations, amnesties, pardon, responsibility of minors.

The criminal executive right establishes the procedure for the execution of the sentences and the application of other measures of the criminal law, provided for in the Criminal Procedure, the procedure for exemption from punishment and in this part directly interacts with criminal law. For example, in criminal law such is punished as confiscation of property (Art. 52 of the Criminal Code of the Russian Federation), however, a list of subjects not to be gratuitous to the ownership of the state should be sought in the Russian Code of Criminal Code (hereinafter referred to as PEC). In the PEC RF, the procedure for the execution of the court's sentence on confiscation of the convicted property (Article 62) was also identified, the actions of the Judicial Contract for the execution of such a sentence (Article 64), the obligations of third parties in relation to the property to be confiscated (Article 65) and so on .

Administrative right is closely criminal in challenges, since both the other in challenge the corner put the rights and freedoms of the individual, property relations and the interests of the state. In addition, it is possible to note the similarities in the methods of impact on social relations, since both administrative, and criminal law, first of all, use legal responsibility as such means of impact.

Historically, the criminal law is one of the oldest branches of law, although it was originally separated as an independent branch of the system of law. The exact origin of the "Criminal Law" title in Russian has not yet been clarified. The most believable is the explanation that such laws began to be called criminal in antiquity, for the violation of which the responsibility of the "head" was envisaged, i.e. life. Now under criminalthe right is to be a combination of legal norms established by law and the determining crime and the punishability of acts, the basis of criminal liability, the system of punishments, the procedure and conditions for their appointment, exemption from criminal liability and punishment.

The subject of criminal law is a public relations protected by law, encroachment on which occurs as a result of the crime. The subjects of the criminal relationship are the persons who committed a crime and the state. The form of regulation of these relations is manifested in the establishment of criminal prohibitions, for the violation of which to increase criminal liability, the use of other measures of state-forced impact and punishment. This is inherent only in criminal law. His basis, as well as any other right, is the Constitution of the Russian Federation. The main regulatory source is the Criminal Code of the Russian Federation. Russian criminal law on purely methodological reasons is divided into two

parts that make up a single inseparable integer: common and special. In general, the main tasks, principles and institutions of criminal law are presented, and in particular - specific compositions of crime and penalties for each crime.

The tasks of criminal law are: the protection of human rights and freedoms and citizen, property, public order and public security, the environment, the constitutional system of the Russian Federation from crime, ensuring peace and security of humanity, prevention of crimes. The successful implementation of these tasks is ensured by compliance with its principles, i.e., fundamental ideas enshrined in criminal law. Legislative confirmation received the principle of legality (Art. 3 of the Criminal Code of the Russian Federation), the equality of citizens to the law (Art. 4 of the Criminal Code of the Russian Federation), the principle of guilt (Article 3 of the Criminal Code of the Russian Federation), justice (Article 6 of the Criminal Code of the Russian Federation) and humanism (art. 7 RF).

Essence principle of legalityit is that criminal law (Criminal Code of the Russian Federation)) determines which acts are recognized as criminal and other criminal law consequences (art. 3 of the Criminal Code of the Russian Federation).

Principle of equalitycitizens before the law determines that the persons who committed a crime are equal to the law and are subject to criminal liability regardless of any conditions, the circumstances, social status, etc. No privileges here are for anyone. Before the law, all are equal.

The principle of guilt manifests itself in the fact that the person is subject to criminal responsibility for the crimes in respect of which its fault is established (Art. 5 of the Criminal Code). Subjective imputation (responsibility only in the presence of personal guilt) is the cornerstone of modern criminal law in all democratic states. The imposition of criminal responsibility for innocent acts means the transition to the position of objective imputation, which is categorically prohibited by the current Code of the Russian Federation. Part 2 Art. 5 of the Criminal Code says: "Objective imputation, i.e., criminal liability for innocent damage is not allowed."

Principle of justice(Art. 6 of the Criminal Code of the Russian Federation) is manifested that the punishment and other criminal proceedings must comply with the nature and degree of public danger of a crime, the circumstances of its commitment and the person of the perpetrator. The manifestation of justice in the theory of law is interpreted in one of two aspects: how justiceequalizing (corresponds to the principle of equality of citizens before the law), and how justice distributingwhat corresponds to the principle of justice enshrined in Art. 6 of the Criminal Code. "The distribution justice" is that no one can suffer criminal liability twice for the same crime. Therefore, the criminal liability of Russian citizens for crimes committed abroad is excluded if they have already suffered a sentence for him by the court sentence of a foreign state.

PRINCIPLE OF HUMANISMinterpreted in two aspects:

Humanism for the victim, i.e., the priority guard of man, his life, health, dignity, property, is presupplying a minimum of repression, which is necessary to ensure the protection of human and society from criminal encroachments and achieve the goals of correcting and re-education of the criminal;

And humanism against the criminal. Punishment and other criminal proceedings applied to the person who committed a crime cannot be aimed at causing physical suffering or humiliation of human dignity.

The principle of humanism is clearly embodied in the section V of the Criminal Code of the Russian Federation "Criminal Responsibility of Minors", where, given the age and psychology of minors criminals, there is a significant mitigation of repressive impact methods up to complete liberation from criminal liability. It is implemented in Art. 75-77, 79, 82 of the Criminal Code of the Russian Federation and others.

2. Concept CrimeANDHISSTRUCTURE

The concept of a crime and the composition of the crime - two inextricably linked friend fromanother concept characterizing the same phenomenon is a criminal act. On the one hand, only a crime may have a set of legal characteristics that form a crime in their totality. On the other hand, only the presence of all legal signs, the aggregate of which forms the composition of the crime may indicate that the act is a crime measured from the point of view of the criminal law. Thus, the concept of a crime is mainly characterized mainly by the social essence of the criminal acting, and the composition of the crime reveals its legal structure, its necessary characteristics (properties, quality).

The concept of a crime is one of the fundamental categories of criminal law. In the current Criminal Code of the Russian Federation in Art. 14 The crime is given: "The crime is a guilty of a committed socially dangerous act prohibited by this Code under the threat of punishment." Thus, the legislator allocates four mandatory interrelated features: public danger (material trait); illegality (formal sign); Guilty and punishability.

It is emphasized that the crime is always a specific act of behavior of people who can be expressed in the form of action or inaction. Thought, the opinion, no matter how negatively, they evaluate the state and society, are not a crime.

Public Danger -an objective property of a crime, which manifests itself in causing or possibilities to cause harm to social relations. Public danger has a quantitative and high-quality side. Quantitative -characterized by the degree of increasing danger. It is determined by the amount of damage caused (the size of the property damage, the degree of gravity of injuries), the degree of guilt (in advance of a thoughtful or suddenly emerged intent), the degree of lowland the motives and goals. The nature of public danger (high-quality side) is manifested in the content of objects of criminal encroachment and harm caused (material, physical, moral, organizational and managerial), the peculiarities of the encroachment method (violent, non-violent, simple, qualified), types of guilt (intent or negligence), The content of the motives and objectives of the crime (mercenary, personal, low-lying).

Anti-vitalityit means that a specific socially dangerous act is provided for in a separate article of the criminal law. If there is no article in the criminal law, then the act cannot be recognized as a crime. From the criminal law since 1958, the use of the analogy of the law is excluded.

Guiltspends a certain mental attitude of the face to the socio-dangerous act and its consequences. Guilty manifests itself in two forms: intent (direct and indirect); negligence (frivolity and negligence).

Under the punishabilityit is implied not only the actual realization of punishment, but also the possibility of its appointment for the perfect crime. Important is not the punishment itself, but the threat of appointing

for the person who committed a crime. In real life, this manifests itself when the crime was committed, but not disclosed, nevertheless, the threat of punishment over the criminal hangs, until the statute of limitations for the perfect crime, or the state in the person of the competent authorities found that it was possible to re-order a criminal without applying a criminal punishment.

All crimes are divided into various categories depending on the nature and degree of public danger and are divided into crimes of small gravity of moderate gravity and especiallyserious crimes.The crimes of little gravity recognize deliberately and careless acts, for which the maximum punishment provided for by the Code does not exceed two years of imprisonment. Intentional and careless acts are confessed by the crimes of moderate severity, for which the maximum punishment provided for by the Code does not exceed five years of imprisonment.

Intentive and careless acts are recognized as serious crimes, for which the maximum punishment provided for by the Criminal Code does not exceed ten years in prison. Especially grave crimes are confessed by intentional acts, for which the Codex provides for a punishment in the form of imprisonment for longer than ten years or more

punishment.

The category of crime indicates signs inherent in any crime. These signs allow you to distinguish the crime from other types of offenses, but it cannot be degraded by specific crimes from each other, as these signs are inherent in all kinds of crimes. In order to distinguish within the total mass of crimes a specific crime, exists concept of compositionva of crimes representing the legislative modeldefined species.

g.Corpus delicti - this is a combination of objective and subjective signs planned by the criminal law characterizing the public danger of Acts. The importance of the crime is that, first of all, this is the only basis for criminal liability; Secondly, the composition of the crime serves as a tool for the qualifications of crimes. The science of criminal law is known four signs of the composition of the crime: _Object, an objective side, a subject, subjective side.

Object of Crime -this is what the crime is encroaching is a public relations protected by criminal law. In accordance with the current Code of the Russian Federation, objects are divided by vertical on the common, integrated, generic, immediate. The theoretical classification provides for a five-stable structure, where the place between the generic and direct object occupies a species object. Horizontally, the immediate object is the following types: the main, optional, optional. All objects protected by criminal law are presented in sections, chapters and articles of the current Criminal Code.

Common crime object -this is a combination of all public relations protected by criminal law from criminal encroachments. A comprehensive list of social relations that form a general object of criminal law is quantitatively commensurate with the number of articles of the special part of the Criminal Code of the Russian Federation.

Integrated object- This is a group of close to the economic and socio-political content of public relations. In essence, it occupies an intermediate position between the common and generic object and serves as the basis for dividing the Criminal Code into 12 sections. It is the order of arrangement of integrated objects that makes it possible to identify the priorities of the state in the criminal law of public relations.

So, in the current Criminal Code of the Russian Federation, priorities of criminal laws shifted towards personality protection. It is a personality currently acquires the greatest social significance in public relations protected by criminal law, therefore a group of these relations is placed in the first section of the special part of the Criminal Code of the Russian Federation (section of the VII Criminal Code of the Russian Federation "Crime Against Personality").

Generic object -this is a combination of homogeneous and interrelated community relations taken under protection specifically stipulated by a group of norms of the criminal law. The sign of the generic facility is primarily based on the construction of a special part of the Criminal Code of the Russian Federation and its division into 19 chapters.

Theoretical (scientific) classification assumes the presence of a species object that occupies a subordinate position relative to the generic and dominant in relation to the direct. It covers a system of homogeneous interrelated public relations, which causes harm to or may harm.

Species objectit serves as the basis for the subsequent legal allocation of the generic object. Thus, a long-term scientific discussion about such a species object of economic crimes, as the economic public relations protected by "Criminal Law, has led to the fact that the current Code of the Russian Federation appeared chapter 26" Environmental Crimes ". Thus, legal consolidation received a new generic object.

The main object of the crime is the social relationship, the change of which is the social essence of this crime and for the purpose of the protection of which a criminal law is published, providing for the responsibility for its commission 1.

Additional objectrepresents such social relations that, in principle, deserving independent criminal proceedings, in relation to the goals and objectives of the publication of this provision, they are protected by criminal law only along the way, since these relationships are inevitably put into danger of harm when committing encroachment on the main object 2.

Without a violation of an additional object, a criminal and legal assessment of the act is impossible. In order for a socially dangerous act to be qualified as a criminal, an encroachment on the main and additional objects. The difference between the additional object in Wt, that it lies in the plane of another generic (integrated) object than the main one, when creating this norm, was due to the legislator not primarily, but was placed under the protection of the criminal law only along the way with the main object. The encroachment on an additional object is not a social essence of this crime, although it infringe on it along with the main object.

Under the optional objectit is customary to understand such public relations that, when committing this crime, are quite often, although it is not necessary, it is threatened by causing harm, its violations are more or less typical of this type of criminal behavior, and its presence affects only individualization of punishment, but does not change the qualifications The main composition of the crime.

The difference of an additional object from the facultative object is that an additional object is always provided within the framework of the main composition or qualifying signs provided for by the specific article of the Criminal Code of the Russian Federation, and the optional is taken into account when recognizing the punishment, but is not described in the disposition of the article.

Under an objective side of the crimeit is understood as a system of signs that determine the external form of criminal act. As mandatory features, criminal act (action, inaction), criminal consequences, causal relationship between them, and as optional (additional) - time, place, method, tools, situation, other external circumstances of the crime.

The criminal act is a conscious, volitional act of human behavior, the outside of which is either committing a prohibited act (action) or abstinence from it (inaction).

Under the way of committing a crime, the techniques and methods used by the criminal are understood. The situation is the situation, circumstances, the conditions of the existence of someone or something. Time is characterized by a duration or duration of something. The place is the space that someone or something is busy.

Third sign composition, crime is subject -the sanemifsis person who has reached the age established by the criminal law of the age of 16, and for certain types of crime - 14 years (Art. 20 Ukrf). The main features of the subject include: an individual;

sane; Achieving a certain law of age.

Clamping is a state of a person's psyche, in which he at the time of the crime was able to realize the socially dangerous nature of his behavior and lead them. In connection with the adoption of the new Criminal Code and the appearance of Part 3 of Art. 20 and art. 22 of the Criminal Code of the Russian Federation, legislative confirmation was received by two institutes developed by the science of criminal law: age be charged (Art. 22 of the Criminal Code of the Russian Federation); Reduced (limited) saneability (Art. 22 of the Criminal Code). Durable accumulability is the basis of the liberation of the criminal responsibility. So, h. 3. Art. 20 of the Criminal Code of the Russian Federation says: "If the minor reached the age provided for by parts of the first or second of this article, but as a result of the lagging in mental development, not related to a mental disorder, during the commission of a socially dangerous act could not fully realize the actual nature and public danger of his actions (inaction) or lead them, it is not subject to criminal responsibility. " The age gain is the state of the psyche of a minor, associated with the lagging in mental development, in which during the commission of the crime the guilty fully did not realize the actual nature and the public danger of his behavior or could not lead them.

Limited savers is such a mental state of a person in which the criminal has a limited ability to realize the actual nature and public danger of their behavior or lead them by the disorder of mental activities or other mental anomalies. It should be emphasized that such a state does not exclude criminal liability and punishment.

Subjective side of the crimeincludes guilt in the form of intent or negligence as a mandatory element. Wines are the mental attitude of the subject of crime to the act performed by him. The intent is in two forms - direct and indirect. The crime is recognized as perfect with direct intent, if the person aware of the public danger of its actions (inaction), there was an opportunity or the inevitability of the occurrence of socially dangerous consequences and wanted their offensive. The crime is recognized as perfect with indirect intent if the person realized the public danger of its actions (inaction), it foreseen the possibility of the occurrence of socially dangerous consequences, did not want, but deliberately allowed these consequences or relate to them indifferently.

Negligence also performs in two forms - eases and negligence. The crime is recognized as perfect on frivolism if the person foresaw the possibility of the occurrence of socially dangerous consequences of its actions (inaction), but without sufficient reason, the foundations arrogantly expedited to prevent these consequences. The crime is recognized as perfect in negligence, if the person did not foresee the possibility of the occurrence of socially dangerous consequences of his actions (inaction), although with the necessary attentiveness and prudency should have been foreseen and could have foreseen these consequences. Today, 91 percent of the detected crimes in the country is performed with intent, the rest by negligence.

Optional signs of the subjective side of the crime are the motive and purpose. The motive - caused by the internal needs of the motivation, which cause the decision to commit a crime. The goal is the desired criminal result.

The disposition of the article and the composition of the crime is not the same.

For example, the disposition of part 1 Art. 160 of the Criminal Code: "Assignment or embezzlement of someone else's property entrusted guilty" - does not reveal the entire content of this composition of the crime. It directly speaks only about two groups of signs: the objective side (assignment or waste) and the subject of encroachment (someone else's property, which is entrusted with the guilty).

For a complete idea of \u200b\u200bthe composition of the assignment or waste, it is necessary to find out the content and other signs of the composition: subject and subjective side. To do this, it is necessary to refer to articles of the general part of the Criminal Code, in particular to Art. 19 and 20. Of these, it can be seen that the subject of assignment or waste may be any sane person who has reached the age of 16.

The subjective side of theft can be disclosed on the basis of the analysis of other elements of the composition and the entire act of E whole. In particular, it follows from this analysis that the embezzlement of property can only be intentional activities aimed at withdrawing someone else's property in order to address it as with its own, in order to extract the material benefit for itself or other persons. As a result of the interpretation of the law, other signs of the composition of the assignment or waste are established: causing the victim of material damage, the gloom of the crime of the intention of the intention to return this property at the time of committing the crime to return this property (see Note to Art. 158 of the Criminal Code of the Russian Federation).

If you collect all these signs together, it can be said that the assignment or waste is an unlawful, with a self-intended purpose, intentional withdrawal of property entrusted by the guilty committed by the material and responsible person who has reached the age of 16.

The above example clearly demonstrates that the composition of the crime is a much deeper concept than the disposition of an article of a special part.

3. Punishment I. CriminalA RESPONSIBILITY

The concept of criminal liability is the fundamental concept of criminal law. In science, there are various definitions of this category, but all of them are united by the fact that criminal responsibility is criminal relations arising between the state in the person of its law enforcement agencies and the person who committed the crime. The state in connection with the person of the crime, provided for by the specific article of the Criminal Code of the Russian Federation, the right to subjected to the criminal of state

forced influence and obligation to apply the state-forced impact provided for in this article that the criminal broke out. The person who committed a socially dangerous act, an obligation arises to be responsible to the state, T e. Submit to public-forced impact, and the right to apply that effect that has been provided for by the criminal law.

On the issue of the moment of responsibility there are different points of view. Some authors associate this moment with the initiation of criminal case 1, while others - with the involvement as the accused 2. The most loyal is the one where this moment is associated with the moment of entry into force of the indictment. Criminal liability ends at the time of repayment and relief of criminal record. Taking into account the foregoing, it is possible to determine criminal liability as a state-forced impact for the crime committed by the person, provided for by the criminal law and related to the accusative sentence that has entered into force.

The only exceptional basis for criminal liability is the commission of an act containing all the signs of the composition of the crime provided for by the Criminal Code. The basis of criminal responsibility arises from the moment of the commission of a socially dangerous act containing the composition of the crime. It can be agreed that from this point on, criminal liability arises, but only as the right of state to expose the alleged criminal to state-forced influence. In this case, criminal liability does not yet receive its full filling. To put it on a particular person, a legal document is needed on behalf of the state - the court sentence entered into force, which is the necessary legal form of the implementation of criminal liability in full, taking into account the mutual rights and obligations of the state and the criminal. / Punishment -the measure of state coercion provided for by the Criminal Code applied by the court sentence on behalf of the state to the person recognized as guilty of committing a crime. A peculiarity of criminal punishment is that it is in cases provided by law generates a criminal record.

Punishment applies to restore social justice, as well as to correct the convicted and prevention of the commission of new crimes.

Now the current Criminal Code has 13 types of punishment, which are divided into two groups: the main (used independently), and additional (used only in combination with the basic) and measures used as both major and additional measures.

Mandatory work, corrective work, restriction on military service, restriction of freedom, arrest, content in the disciplinary military unit, imprisonment for a certain period, life imprisonment, the death penalty is applied only as the main types of sentences.

The penalty and deprivation of the right to hold certain positions or to engage in certain activities are used as both major and additional types of sentences.

The deprivation of a special, military or honorary title of class ranks and state awards, as well as the confiscation of property applied only as additional types of sentences.

The purpose of punishment is a legitimate definition in accordance with the law in the court who has entered into force the court sentence to a specific person recognized by the same court of committing a given crime, the species and size of the repression of necessary and sufficient to achieve the goals of repression, with compulsory accounting of all legally significant features of the crime And his face committed.

General starts of punishment - these are the rules for which the punishment of a particular person for a particular crime should be applied. These rules are based on the principles of criminal law.

The general principles of punishment expressed in Art. 60 of the Criminal Code is not a declaration, but concrete, general obligatory directives for the court, prescribing punishment: when prescribing punishment, take into account the nature and degree of public danger of a perfect crime, the identity of the subject and the circumstances, mitigating and aggravating punishment, as well as the influence of punishment for correcting the convicted person and on Living conditions.