Criminal law: aspects of action and interpretation
In 1996, the new Criminal Code of Russia was adopted,which replaced the Soviet one. This should be given special importance, because the new legislation has tried to significantly change the system itself. A number of trains have lost their force, and the punishment has been brought into conformity with the international acts signed by our country at that time. The criminal law strives to become the basis for protecting the life and health of citizens. The protection of state interests is now given a secondary importance.
This is a complex issue that causesambiguity in scientific circles. But for law enforcement it is important that there are unambiguous provisions that guide the immediate implementation of the law. Action involves three components that need to be revealed: in time, in space and in a circle of persons.
Action in time
The most important position, because it is from thisdepends the fate of a person who has transgressed the norm. As a general rule, the law can not be retroactive. The criminal law has this provision, but on the whole this is a general legal concept. There are exceptions, of which there are only two. One of them is if the crime of the act is eliminated. For example, a person is serving a sentence under article speculation. The current criminal law has no such composition, therefore the person is released. The second is related to mitigating circumstances. If the newly adopted norm alleviates the fate of the offender or improves the situation in some way, it is applied.
The question is not complicated, therefore it is united into one. In space, the criminal law extends to the entire territory of the Russian Federation (land, water, airspace), as well as to the continental shelf and the exclusive economic zone. As for the action on a circle of persons, then, naturally, the norms apply to all citizens of the Russian Federation. There are also other categories of people: those who live permanently in Russia but do not have citizenship (stateless persons), foreigners and stateless persons whose crimes are directed against the state, as well as servicemen whose units are not located in the country's territory.
Interpretation of criminal law
There are a lot of kinds of interpretations. We will not describe them in detail, because the essence boils down to the fact that there is an official interpretation and a complex of unofficial ones. The official implies the authorized body that gives it. The State Duma can comment on articles. In addition, there is a higher court - the Supreme Court. The Decrees of the Plenum give an official interpretation. The criminal law is a well-established industry, and changes do not take place so often. Nevertheless, there are doctrinal interpretations that are contained in the writings of theoretical scientists (textbooks, theses, etc.). There are other kinds of interpretations, such as literal, restrictive or grammatical.
The criminal law is designed to establish principlesresponsibility and punishment for the committed acts. At the same time, it is necessary to fulfill the main constitutional task - protecting the life and health of citizens of the country. And only in the second place are the interests of society and the state.
