The term "criminal law" was first recorded in the annals of the times of Ancient Russia. The punishment for the murder in that era was the death penalty. Sources of criminal law have arisen in connection with the need to introduce fair retribution for the crime. The industry is characterized by a punitive nature and a certain set of means of reckoning. They try to make the process of punishment clear enough so that it is absorbed as much as possible by citizens in order to avoid a crime in the future.
The concept and sources of criminal law
The word “criminal” itself is associated with two: “criminalize” (anger, offend) and “anniversary”. The last according to the judicial certificate of Pskov means murder. The concept of criminal law includes several meanings: as a system of legal norms that control the established circle of relations in society; as a science, the object of study of which are criminal law events, institutions and others.
As a branch of Russian law, this system is a union of legal rules that determine crime and punishment based on principles, develops a system of punitive measures and conditions for exemption from them. The idea of criminal law also includes the subject of regulation, which are relations of a criminal law orientation. In this case, the control method is typical, bearing a state-imperious appearance, which is expressed in the use of punishment for the accused. Crime and punishment for it are the main categories included in criminal law.
The main sources of this industry are represented by law, which can only be used in codified form. All of them are included in the Criminal Code. Based on the content of its first article, the law governing the criminal sphere consists of one act in codified form and does not allow acts of other criminal norms simultaneously with the rules of the Code. It is generally accepted that, in the formal sense, criminal law is the basis of the industry in question. Sources of criminal law in the material sense are represented by the Constitution of the Russian Federation, as well as the norms and principles of international law, decisions of the Constitutional Court of the Russian Federation, international treaties of the Russian Federation, and judicial practice. But in addition to the Criminal Code, legal values are contained in the Constitution of the Russian Federation, and in the Federal Law of June 13, 1996 No. 64-FZ, and in the decrees of the State Duma, in case of resolving issues related to the amnesty.
In the formal legal sense, the sources of criminal law are represented by the norms and principles of international law recognized by society, ratified by international treaties of the Russian Federation, and decisions of the Constitutional Court of the Russian Federation. All of the above apply in criminal law regulation only within the boundaries established by the Criminal Code, with the rules and prohibitions provided for in it. To summarize, we conclude that the considered area of law has many sources that are heterogeneous, differ in significance and varying degrees of intensity of use within the boundaries of criminal law coordination.
Criminal law. Principles
We clarified the sources of the concept. As for the principles, they mean the main ideas enshrined in the rule of law, which determine the system of organization of criminalistic legislation. These rules come from the socio-economic nature of society, the characteristics of its culture, interests, based on the provisions of the Constitution of the Russian Federation.Sources of criminal law in Russia gave rise to principles that are embodied in the rules that determine the course and essence of criminal law, its norms and institutions. They provide the most rational implementation of the criminal law tasks, so that the effect of the use of coordinating means is the greatest, and the undesirable consequences of their use are the smallest. The Criminal Code includes five principles of the law of the industry in question (Articles 3-7): legality, humanism, equality before the law, justice, guilt. Each of the listed fundamentals has its own special content, which does not interfere with having a close relationship, forming an integrated system of provisions.
Rule of law
This basis is included in articles 4, 15, 54, 55 and other constitutions of the Russian Federation. The content of the principle states that the criminality of an action, including its punishability and other consequences, is determined only by the Criminal Code. The use of a law of this kind by analogy is not permitted. According to the content, only the Criminal Code determines what actions are recognized as criminal, as well as what measures of criminal law influence and to what extent can be applied as a punishment. The principle of legality suggests that only the person who committed it can be held liable for committing a crime. It also includes a ban on applying to a person who has committed an act for which responsibility is not supposed in the Criminal Code, a similar norm of the criminal law in similarity (Part 2 of Article 3 of the Criminal Code).
The principle of equality before the law
Article four of the Criminal Code states that regardless of gender, nationality, official position, religious belief, the person who committed the crime is equal before the law. This principle also means the equal rights of all individuals living in the territory of the Russian Federation to their protection, equal responsibility for the crime committed. But it involves an individual approach to the application of measures of influence, depending on the calculation of the nature, danger level of crime, all circumstances and the identity of the perpetrators.
Guilt principle
According to article 5 of the Criminal Code, a person is subject to criminal liability only for those criminal acts in respect of which guilt has already been established. Therefore, you cannot punish a person in the absence of evidence of participation in the violation of order. There may be personal responsibility of those persons who caused harm to law enforcement objects by guilty actions, but it is not assigned to others instead of the offender, even if they agree to be punished instead of being involved in the crime.
Principle of justice
Sources of criminal law of the Russian Federation, for example, article 6 of the Criminal Code, tell us that any punishment that is applied to a criminal must be fair, consistent with the form and level of his danger, taking into account all the circumstances of the crime. A person cannot be held criminally liable for the same crime twice. Based on this principle, injustice is the punishment of an innocent, the acquittal of a guilty person, the sentence is too strict or lenient without taking into account the gravity of the crime. Bias is the basis for review or annulment of a sentence.
Principle of humanism
He talks about the fact that the highest value is a person, his rights and freedom. Based on the content of the principle, the duty of the state is manifested in the recognition of the authority and independence of the individual, and protection of him from criminal attacks. The idea of humanism is reflected in article 2 of the Criminal Code. According to her, any penalties that apply to the offender should not bring physical suffering and humiliation of human dignity.Sources of criminal law imply that the principle of humanism bears the protection of law-abiding members of the society, as well as the consideration of extenuating circumstances when sentencing.
The inevitability of punishment
Many of the Criminal Codes of the CIS states, with the support of a number of legal scholars, classify the inevitability of criminal law influence among the principles. It consists in the need to provide a mandatory fair reaction of the punitive apparatus of the country to any criminal action. This principle is important for crime prevention. Thus, the industry in question works strictly in accordance with its principles. The sources of Russian criminal law are numerous. They are a connection of laws containing norms and penalties for criminal acts.
