Today, almost everyone knows that law is the main regulator of public relations. To understand this, you do not need to have a law degree. It is enough to know the history of human development. The right was created in the form in which everyone was accustomed to see it relatively recently. Initially, it was a large disparate mass of some moral standards. Only after a long work of practicing lawyers did this combination begin to “emerge” into a structured system based on the principle of hierarchy. When the peak of the evolution of law was reached, this category became a key regulator of almost all spheres of human life.
However, quite often people do not think about the fact that law can also influence another, beyond the scope, branch of human life. In this case, we are talking about negative human behavior that violates the boundaries of what is permitted. If you move this concept into the legal sphere, then here it is called an offense. This branch of legal regulation has always been developed, in parallel with legal human relations.
Thus, in the process of long theoretical reflection, special norms were developed that protect legal, not going beyond, social relations from all kinds of offenses. Such standards are called "law enforcement". Through them, not only the protection mechanism is implemented, but also the perpetrators of offenses are held accountable.
The most severe liability has always been provided for the most dangerous offenses, which today everyone is accustomed to calling crimes. In a separate criminal industry, liability is provided for a large number of such acts. However, criminal law as such has many interesting features, one of which is its system.
Criminal Law - Concept
The criminal law system is, of course, one of the most interesting categories in the theory of the relevant industry today. However, it simply needs to be considered through the prism of definition and the characteristic features of this institution as a whole.
The concept of criminal law as follows characterizes the industry: it is a set of special rules that govern social relations in the field of committing socially dangerous acts and responsibility for them. In addition, the presented industry also provides for various types of criminal penalties, especially exemption from such, etc.
In this case, many people are wondering how the criminal law system relates to the concept and characteristics of the industry. The fact is that the structural elements of the entire criminal unit contain various norms and institutions that regulate certain security phenomena. In other words, criminal law actually manifests itself in different parts of the system of this industry.
Subject of criminal law regulation
The system of Russian criminal law actually establishes and gives form to the subject of industry regulation. In this case, the latter design is also endowed with a number of rather specific features. First of all, it is necessary to highlight the concept of this category. According to him subject of criminal law - This is a set of social relations, which are directly directed by legal regulation. In this case, the subject consists of two large groups of heterogeneous social relations, namely:
- Protective legal relations arise directly between the state and the person who carries out a socially dangerous act. In this case, the process of action of power. That is, a person who commits a crime is prosecuted in accordance with the law. In this case, the subject of the crime is obliged to undergo unsatisfactory restrictions for him in proportion to the public danger of his act.
- Regulatory legal relations are based on the organization of prevention by fixing and publicly notifying all citizens about the occurrence of unsatisfactory consequences for them when they commit a crime.
All these legal relations were developed in the course of a long theoretical work on the provisions of the subject of the criminal law industry. In addition, they are strictly established and are not subject to any chaotic changes, although their evolution is completely allowed.
Tasks of the criminal industry
In any industry, the tasks that it performs are of great importance. Russian criminal law covers a wide range of areas of activity, analogues of which are not found in other legal areas. If we take into account the role of this industry on a global scale, then almost everywhere it is assigned identical requirements. As practice shows, it protects the legal, authorized interests of society from criminal attacks, and also prevents crime as a social and legal phenomenon. These are the main tasks of criminal law. In addition, a number of additional requirements can be singled out, which, according to scientists, should be implemented by this specific industry. They are not classical, but their presence in some cases is obvious.
Certain types of criminal law tasks
Today distinguish the following tasks of the criminal law of an additional nature, namely:
- consolidate the legal behavior of citizens;
- ensure public safety, so that all public relations can be implemented properly;
- restore the identity of the convicted person;
- to influence offenders;
- to punish criminals.
All the tasks presented, as mentioned earlier, are fully formed during theoretical understanding. As for their direct implementation, this is due to a number of industry functions, which will be discussed later.
Industry Features
The criminal law norms contain not only tasks, but also industry functions are carried out with their help. These, in essence, are those elements due to which the law is directly realized. To date, scientists distinguish the following functions, namely:
- The protective function is manifested in the existence of a legal protection regime for public relations. However, there is also a liability mechanism that applies to violators of this regime itself.
- The preventive function is a direct manifestation of the prohibition of criminal activity and all kinds of encouragement of law-abiding persons who counteract the spread of this socially dangerous phenomenon.
- The most important, according to many scientists, is the educational function. Its essence is to form in the minds of persons prone to commit crimes, a fear of responsibility, which inevitably overtakes absolutely all offenders. In other words, a worldview is being formed that initially rejects criminal activity.
In addition, the effectiveness of the educational function in most cases depends on the level of legal culture in a particular state. After all, it is impossible to educate a population that in reality does not know and does not recognize any laws. Therefore, the action of the presented function is closely related to the general level of understanding of law.
Criminal law system
So, we come to the main issue of this article. It should be noted that the system of any branch of law is the structural distribution of individual norms and institutions. Their structuring is carried out for more accurate and effective application during legal practice. As for the Russian Federation, in this case the whole industry is divided into two main parts. A similar type of structure was derived historically. Like many CIS countries, Russia belongs to the states of the pandectic legal system. In this case, all sectors without exception in any such country are internally divided into two main elements, namely, the general and special part.
Criminal Law - General
The general part of the criminal branch of Russian law contains the simplest institutions. Many scientists call this part explanatory, as it reveals the most basic features. For example, it is the general part that contains information about the subject of the crime, the principles of criminal liability, the scope of the criminal law, the concept of guilt, sanity, etc. Of great importance in this case is the punishment in criminal law. After all, it is on its basis that we can talk about bringing entities to justice for crimes stipulated by criminal law. Given all this, we can conclude that criminal law, the general part of which is presented in this article, in one of its structural elements consolidates the concepts and legal essence of the most important branch institutions. In this case, the special part is very different in many respects, which will be discussed later.
Special part of criminal law
A special structural element, or a special part, as it is commonly called, contains a list of specific socially dangerous acts for which criminal law provides for punishment. She does not explain any institutions. Nevertheless, the entire list of crimes presented in the special part of criminal law can be supplemented only in a special order. If the offense is not in the list of socially dangerous acts, then it cannot be recognized as such. As for the list itself, the direct manifestation of the criminal law system is the Criminal Code of the Russian Federation. All statements about specific offenses and the most important institutions should be sought in this normative act.
The ratio of special and common parts
For many people, a large number of questions are caused by the ratio of the special and general parts of criminal law. In this case, the connection of these elements is not only obvious, but also extremely important. After all, if the institutions represented in the general element are not implemented properly, then the implementation of criminal liability will also become, in fact, impossible. A large proportion of the norms of the special part is based on the provisions and individual institutions of the general.
Criminal Law and Other Sciences
There are many industries that are closely interconnected with criminal. The most obvious examples are criminal law and criminal procedure. The first industry shows what specific actions entail criminal liability. As for the process, it contains provisions on how to put the mechanism of this responsibility into effect. In addition, criminal law is closely linked to industries such as administrative and civil law.
Conclusion
So, the article presented the concept of criminal law, as well as the structure of this legal system. It should be noted that these legal constructions still require great attention on the part of theoretical lawyers, so that their application in the practical industry will be carried out more efficiently. In addition to this, the criminal law system needs to be supplemented taking into account the rapid development of social relations of a new nature.
