This article will examine the method and subject of criminal law, as well as conduct a detailed analysis of what each concept is. The subject, the method of criminal law are the fundamental terms on which not only the theoretical, but also the practical part of the discipline is based. By their nature, they are aimed at regulating criminal relations in general.
Thing
This term is used in three meanings - academic discipline, the branch of law and science. One of the fundamental branches of legislation is criminal law.
The subject, method, system and principles form a certain basis on which the legislative norms and regulations are built. Criminal law science is closely related to other branches of law that are engaged in the study of the main problems of the fight against crime.
Criminal law as a branch of law
The subject and method of criminal law as a branch of the law is a combination of ways to influence protected public relations.
We can say that the concept of "branch of law" includes a certain set of norms that determine the punishability and criminality of an act, the grounds for the appointment and release from punishment.
The main features of this branch of legislation include:
- Strengthening the rule of law at the level of higher legislative bodies.
- A method for implementing the requirements, which has certain specific features that are unique to criminal law.
- The rules of law, which are expressed in the code, laws and regulations.
The subject and method of criminal law as a branch of law
The method and subject of legislative regulation are the main criteria by which the law is divided into institutions and industries. The subject of legislative regulation is the relationship that has developed between legal entities and characterized by the following features:
- Strong-willed character and focus.
- Stability, typicality and repeatability.
- Exercise of external control over the legal relations of entities.
As a branch of law, the subject includes a system of norms, due to which:
- it is determined what actions have signs of a crime and pose a danger to human life;
- the principles of criminal liability are established;
- punishment for a committed act is provided.
Subject of criminal law like science
The subject and method of criminal law are part of the law and determine the practice of its application. Science is based on the study of two main institutions - punishment and crime.
The tasks of the science of criminal law will be considered the study of the totality of economic and social phenomena, as well as their relationship with the development of criminal law in general. This also includes the identification of patterns, trends and the essence of improving legislation, as well as the formation of general theoretical provisions that are designed to facilitate the correct application and assimilation of legal norms.
The subject of science is a complete study of legislation, law enforcement and law-making practice, principles and grounds of criminal liability.
Based on the foregoing, it should be noted that criminal law in the form of science represents a certain system of views and ideas about the features, as well as the essence of criminal law, its laws of development and social orientation.
Criminal law method
The method of regulation of criminal law is one of the important components of the branch of legislation, which serves as the basis for additional division of norms into groups.
The method is a rather capacious concept, including many components, among which are:
- degree of certainty of rights and autonomy of citizens' actions;
- the procedure for establishing legal obligations and rights;
- selection of specific legal facts that form the relationship;
- means and ways of ensuring the rights of subjects;
- mutual relations of the parties in which the rule of law is implemented.
Method of coercion and prohibition
Compulsion - this is a method of criminal enforcement law that is used by the investigator, the body of inquiry, the judge and the prosecutor in the manner prescribed by law.
The basis for the application of coercive measures is a combination of circumstances that:
- characterize the identity of the offender or the crime itself;
- provide conditions for the implementation of material norms (in the absence of a material relationship, procedural coercion cannot exist);
- indicate on what basis enforcement measures are possible.
Prohibition method establishes the need to refrain from committing criminal acts under penalty of punishment.
In criminal law, the prohibition method is one of the most typical. The means of implementing this method are the rule of law, the non-compliance of which entails the onset of legal consequences.
Method of Permission, Prescription and Promotion
Describing the subject and method of criminal law, special attention should be paid to such a legally significant tool as promotion. The promotion method is one of the ways to influence the relations of legal entities, which stimulates the voluntary refusal to commit a criminal act. Also, this method is aimed at mitigating responsibility for a person, and in some cases may serve as an excuse for complete release from punishment. In the latter case, the application of the promotion method requires the active repentance of the guilty, as well as a clear desire to embark on the path of correction.
Approval Method - a method of exerting influence upon which subjects of law are legally allowed to commit acts containing signs of a crime (detention of criminals by causing harm to health, if it is not possible to prevent criminal encroachment in any other way).
Prescription Method - a way to influence public relations that arise in the process of applying criminal law.
Summing up, it should be noted that criminal law is a certain set of rules established by state authorities and determining punishability, as well as criminal acts, grounds for responsibility, system and purpose of punishment.
