Any branch of law, starting from its theoretical part, contains the concept of "Legal norm". No branch of law appears without this structure. It is impossible to interpret and correctly apply the law in practice without knowledge of this concept.
The criminal law norm (the norm of conduct in the criminal law of Russia) is the rule of conduct established by the legislation of the Russian Federation in terms of compliance with the criminal law, which imposes obligations on citizens and certain rights, non-compliance with which is punishable by law. And the disposition of the article is part of this rule.
The subject of this article will be the types of dispositions in criminal law.
The structure of the norm
In the theory of law, there are three components of a legal norm. The so-called structure of the rule of law is:
1. The hypothesis, ie hunch.
2. Disposition, ie subject rule of conduct.
3. Sanction, ie type and size of punishment.
Consider the types of structure of criminal law. Russian criminal law is characterized by a double construction, which distinguishes it from other branches of law. There are no sanctions in the general (first) part of the Criminal Code, and its special (second) part lacks a hypothesis. Consequently, disposition and hypothesis prevail in the articles of the general part, and disposition and sanction prevail in the special one. As you can see, the disposition is there, and there. Below we will consider the concepts of the structure of the rule of law.
Hypothesis
Based on the interpretation given in the Dahl dictionary, a hypothesis is a statement that requires proof. The hypothesis is not applied in the second (special) part of the Criminal Code of Russia, because, in this context, it represents the conventions of the application of the norms. As for the first (general) part of the code, the article under the number 20 ("Age") most widely and fully demonstrates this component of regulatory standards. That is, it shows in relation to which particular acts from which specific age minimum criminal liability is applied.
The concept of disposition
Disposition is the basis, or, as many call it, the core of all articles of the Criminal Code of the Russian Federation, and in this case it reveals all the signs of a crime. Dispositions, i.e., rules, articles of the Criminal Code contain signs of a criminal act that must be punished, in accordance with the sanction of the same code.
In criminal law, a rule of conduct (disposition) is already an illegal rule of conduct. For example, “Murder is the intentional infliction of death on a person ...”. Murder is an illegal act in itself and requires a certain punishment. Therefore, what is written in the Criminal Code is a norm, compliance with which is a crime.
Disposition and sanction
The concept of disposition and sanction of a criminal law norm is based on the essence of the article. Sanctions: legislation provides an assessment of the risk of an unlawful act. Sanctions of the Criminal Code, as a rule, are alternative and are guided by the principle of “either-or” (the punishment may be in the form of a fine, forced / compulsory labor, or deprivation of a special rank or freedom in general).
The legislator can apply these types of punishments to one article, for one crime. Below we will consider a more complete concept. The sanction of the article is based on the concepts of rules of behavior, which show the interconnectedness of the elements of the rule of law. The disposition and sanction of a criminal law norm are complementary units of its structure.
Sanctions
In order to better understand the nature of dispositions in the Criminal Code, there must be a clear understanding of what sanctions are and how they are applied.Sanctions are inherent only to the articles of the Criminal Code - the second (special) part, since in these articles, there is a punishment for certain illegal acts. Unlike the provisions previously in force in the Criminal Code of the RSFSR, the Russian Criminal Code does not have absolute sanctions (which is a pity). Sanctions applied in the criminal law of Russia are divided into:
- relatively specific;
- alternative;
- cumulative.
The first type of sanctions determines the minimum and maximum possible punishment for the act. For example, killing will be accompanied by imprisonment for a term of six to fifteen years, rape - from four years and up to life imprisonment. It is also possible "deprivation of the right to occupy certain positions for a period of up to 20 years." And here a cumulative sanction is presented, that is, an additional punishment applied along with the main punishment (may not apply). In this case, the maximum limit is indicated, the minimum is determined based on the circumstances of the case and the characteristics of the defendant.
Disposition and sanction in criminal law are related elements. The sanction proceeds from violated rules of behavior, i.e., from disposition. Alternative sanction: one of the forms of punishment proposed by the legislator is applied. For example, article 240.1, “Getting sexual services from a minor.” According to the sanction, the punishment is: “compulsory labor up to 240 hours, or restriction of liberty up to 2 years, or forced labor up to 2 years, or imprisonment for the same term.” The principle of “either-or” is presented here. Of course, only a court passes a specific sentence.
Types of dispositions
Types of dispositions of criminal law (rules of conduct), based on the provisions of the articles of the Criminal Code, are divided into:
- simple;
- descriptive;
- reference;
- blanket;
- mixed.
The concepts of types of dispositions in criminal law exist such as:
- Simple disposition: the name of the crime, without indicating its content.
- Descriptive disposition: in addition to calling the type of crime, it also indicates signs of a criminal act.
- Reference disposition: (speaks for itself) refers to another article in this code.
- Blanket disposition: (also reference), unlike the reference one, this type of disposition refers to another legal regulation of the Russian Federation (administrative, labor, civil codes or other types of legislative acts of the Russian Federation, constituent entities of the Russian Federation).
- Mixed disposition: not all authors of legal literature distinguish this type of disposition, however, in practice it has a place to be. A sign of this disposition is that in one article of the Criminal Code there are two dispositions (descriptive and blank).
The types of dispositions in criminal law with examples will be discussed below for a better and more complete understanding of these concepts.
Simple disposition
A simple disposition of the criminal law. Examples of this disposition are the following articles: “Abduction of a person” (123 articles), “Beatings” (116 articles), “Torture” (article 117), “Organization of prostitution” (article 241), “Rape” (v. 131). The legislator gives only the name of the criminal act, and does not indicate its content. In fact, a simple disposition is the name of a specific article of the code in question.
Descriptive disposition
An example of a descriptive disposition is art. 188 part I “Smuggling”, and this disposition reads as “smuggling,” that is, the movement through customs of products or items referred to in article 188, para. 2, or with concealment from control of documents or means of customs identification, associated with non-declaration.
Art. 284 "Loss of documents containing state secrets", the disposition begins with the words "Violation by a person who has access to state secrets ..."
Art. 158 "Theft, that is, theft of another's property ...", and theft should not be open, but closed.Otherwise, this is another article of the Criminal Code.
Descriptive disposition gives the concept of a specific crime. As a rule, the concept is given in the first part of that other article.
Reference disposition
Reference disposition of Art. 112 "Deliberate infliction of moderate gravity of harm to health" in this article is spelled out as "... if, как intentional infliction of moderate gravity of harm to health unsafe for human life and which did not entail the consequences specified in Article 111 of the Criminal Code, but which caused the disorder or permanent disability by less than 1/3. " Reference by the legislator is given to another (111) article of the Criminal Code.
Art. 264 "Violation of traffic rules and operation of vehicles", parts 2 and 6 refer to Part I of the same article. If there were no reference dispositions, then it would be necessary to prescribe what is indicated in another article or part thereof.
Blanket disposition
The blanket disposition also refers, but to administrative, environmental legislation, traffic rules, fire safety rules or other regulatory legal acts.
Mixed disposition
Types of dispositions in criminal law have such a disposition as mixed. This type of disposition is a fairly common occurrence in criminal law. However, Art. 256 highlights a prominent example used in this disposition. It contains a description of the signs of an offense and a reference to another legal regulation (rules for the construction of maritime navigation). With the help of these two dispositions, it is much easier for the law enforcement officer to understand this or that issue.
General part of the Criminal Code - disposition
The Criminal Code of Russia consists of a general and a main part. All that was discussed above concerned the special part. Different types of dispositions in criminal law are also possible in the general part of the Criminal Code of the Russian Federation. But they are presented in a slightly different way. And have a descriptive or definitive character.
Article 14 of the code under the title “Concept of crime” represents definitions (in Latin, the definition means “definition of something”). This article provides a specific definition of a crime. Anything that does not fit this concept is not a crime.
Art. 3 “The principle of legality” suggests that punishment and crime are determined only by the Criminal Code of the Russian Federation.
Art. 4-7 describe the different principles applied in criminal law, which are not lawful to violate.
Conclusion
The types of dispositions and sanctions in criminal law are one of the most fundamental topics in the study of criminal law. It is on them that ㅤ most of the law enforcement of all lawyers and lawyers of the country is based.
However, do not forget about the sanctions and hypothesis. The hypothesis applies only to the general part, and the sanction is special. The types of dispositions and sanctions are inherent in the articles of the special part of the Criminal Code of the Russian Federation. Of course, the disposition is the highest priority in the structure of the criminal law norm, but all the rules of behavior cannot be built on it only.
In case of violation of the disposition of the article, sanctions will be applied under the same article of the Criminal Code. As a result of the complete unification of hypothesis, disposition and sanction (each of the components of the structure is a completely independent unit of the normative legal norm), a certain qualitative rule of behavior is formed, in this case, in the criminal law of the country.
A rule of conduct represents a rule of law or a rule of law (identical concepts). Criminal law is a form of manifestation of the country's power, and the rule of law is the content of the form, compliance with which makes a person a law-abiding citizen of the country.