M.: 2012. - 8 79 p.
The textbook was prepared by professors and teachers of the Department of Criminal Law and Criminology, Faculty of Law, Moscow State University. M.V. Lomonosov in full accordance with the program on criminal law for law schools in Russia and continues the best traditions of publishing departmental textbooks of Moscow University. The authors take into account the latest changes in Russian criminal law.
For students, graduate students and teachers of higher educational institutions of a legal profile, practicing lawyers and anyone interested in the history and current state of Russian criminal law.
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TABLE OF CONTENTS
FOREWORD 10
SECTION ONE. CRIMINAL LAW AND CRIMINAL POLICY 12
Chapter I. Concept, system and tasks of criminal law 12
§ 1. Concept, subject and method of criminal law 12
§ 2. Interaction of criminal law with other branches of Russian law, international law and morality 25
§ 3. Criminal law science 29
§ 4. System and tasks of criminal law 30
Chapter II. Criminal policy 34
Chapter III. The main stages in the development of Russian criminal law and Russian criminal law science 47
§ 1. Periodization and main stages in the development of Russian criminal law and Russian criminal law science 47
§ 2. Ancient history of domestic criminal law 53
§ 3. Period of the Russian Empire 56
§ 4. The period of the Soviet state 63
§ 5. The period of the modern Russian state 73
SECTION TWO. CRIMINAL LAW AND CRIMINAL LIABILITY 88
Chapter IV. Principles of criminal law 88
§ 1. General concept of the principles of criminal law 88
§ 2. The principle of legality 95
§ 3. The principle of equality of citizens before the law 99
§ 4. The principle of guilt 101
§ 5. The principle of justice 103
§ 6. The principle of humanism 106
Chapter V. Criminal Law PO
§ 1. The concept of criminal law. Criminal law: its types and structure 110
§ 2. Action of the criminal law in time 118
§ 3. Action of the criminal law in space and on a circle of persons 127
§ 4. Extradition of persons who have committed a crime 144
§ 5. Interpretation of the criminal law 149
Chapter VI. Criminal liability 154
§ 1. The concept and content of criminal liability 154
§ 2. Forms of implementation of criminal liability 163
SECTION THREE. CRIME 168
Chapter VII. The concept of crime. Categories of crimes 168
§ 1. Crime is an act 170
§ 2. Crime - socially dangerous act 173
§ 3. Crime - guilty act 178
§ 4. Crime - a criminally unlawful act 180
§ 5. Minor act 184
§ 6. Delimitation of crimes from non-criminal offenses and immoral acts 187
§ 7. Categories of crimes 195
Chapter VIII. Crime 201
§ 1. The concept of corpus delicti 201
§ 2. Mandatory and optional elements of the offense 210
§ 3 Correlation between crime and corpus delicti 212
§ 4. Types of corpus delicti 214
§ 5. Significance of the crime 218
Chapter IX. Object of crime 223
§ 1. The concept and meaning of the object of the crime 223
§ 2. Types of objects of crime 231
§ 3. The subject of the crime 233
Chapter X. The objective side of the crime 238
§ 1. The concept and content of the objective side of the crime 238
§ 2. Socially dangerous action and inaction 241
§ 3. Socially dangerous consequences 249
§ 4. Causal relationship between action (inaction) and socially dangerous consequences 257
§ 5. Optional elements of the objective side and their meaning 268
Chapter XI. The subject of the crime 273
§ 1. The concept and general characteristics of the subject of the crime. Subject as an individual 273
§ 2. Age of criminal responsibility 277
§ 3. Sanity and insanity 284
§ 4. Features of the criminal liability of persons with mental anomalies that do not exclude sanity 288
§ 5. Criminal liability of persons who have committed a crime in a state of intoxication 293
§ 6. Special subject 297
§ 7. The subject of the crime and the identity of the offender 300
Chapter XII. The subjective side of the crime 303
§ 1. The concept and meaning of the subjective side of the crime 303
§ 2. The concept of guilt 307
§ 3. Forms of guilt 312
§ 4. Intention and its types 315
§ 5. Negligence and its types 326
§ 6. Crime with two forms of guilt 337
§ 7. Innocent harm 340
§ 8. Motive and purpose of the crime 344
§ 9. Mistake and its criminal legal significance 349
Chapter XIII. Unfinished Crime and Voluntary Refusal of Crime 358
§ 1. The concept and meaning of the stages of committing a crime 358
§ 2. Completed and unfinished crime 367
§ 3. Preparation for a crime 370
§ 4. Attempted crime 380
§ 5. Voluntary renunciation of a crime 389
Chapter XTV. Complicity in a crime 397
§ 1. The concept and meaning of the institution of complicity 397
§ 2. Signs of complicity 404
§ 3. Types of accomplices 410
§ 4. Types and forms of complicity 423
§ 5. Basis and limits of liability of accomplices 438
§ 6. Special issues of liability of accomplices 442
Chapter XV. Circumstances excluding the criminality of the act 450
§ 1. The concept and system of circumstances excluding the criminality of an act 450
§ 2. Necessary defense 457
§ 3. Infliction of harm during the detention of a person who has committed a crime 472
§ 4. Urgent necessity 480
§ 5. Physical or mental coercion 489
§ 6. Reasonable risk 494
§ 7. Execution of an order or order 500
Chapter XVI. Multiplicity of crimes 506
§ 1. General characteristics of the institution of plurality 506
§ 2. Single crime 510
§ 3. The totality of crimes and its types 513
§ 4. Recidivism of crimes 525
SECTION FOUR. PUNISHMENT 531
Chapter XVII. The concept and purpose of punishment 531
§ 1. The concept of punishment 531
§ 2. Purposes of punishment 544
Chapter XVIII. System and types of punishments 556
§ 1. The system of punishments 556
§ 2. Fine 562
§ 3. Deprivation of the right to hold certain positions or engage in certain activities 566
§ 4. Deprivation of a special, military or honorary title, class rank and state awards 570
§ 5 Compulsory work 574
§ 6 Correctional labor 576
§ 7. Restriction on military service 578
§ 8. Restriction of freedom 580
§ 9. Forced labor 583
Section 10 Arrest 588
§ 11. Maintenance in a disciplinary military unit 589
§ 12. Deprivation of liberty for a specified period 592
§ 13. Life imprisonment 598
§ 14. Death penalty 601
Chapter XIX. Sentencing 615
§ 1. General principles for sentencing 615
§ 2. The concept and classification of circumstances mitigating and aggravating punishment 622
§ 3. Types of circumstances mitigating punishment 624
§ 4. Types of circumstances aggravating punishment 633
§ 5. The imposition of a more lenient punishment than provided for a given crime 642
§ 6. Sentencing in the verdict of jurors on leniency 645
§ 7. Sentencing for an unfinished crime 646
§ 8. Sentencing for a crime committed in complicity 648
§ 9. Sentencing in case of recidivism of crimes 649
§ 10. Punishment for cumulative crimes 651
§ 11. Sentencing by cumulative sentences 655
§ 12. The procedure for determining the terms of punishments when adding up punishments 658
§ 13. Calculation of terms of punishment and set-off of punishment 660
SECTION FIVE. EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT 664
Chapter XX. Exemption from criminal liability 664
§ 1. The concept and types of exemption from criminal liability 664
§ 2. Exemption from criminal liability in connection with active repentance 676
§ 3. Exemption from criminal liability in connection with reconciliation with the victim 687
§ 4. Exemption from criminal liability in cases of crimes in the sphere of economic activity 690
§ 5. Exemption from criminal liability in connection with the expiration of the statute of limitations 693
Chapter XXI. Exemption from punishment and replacement of the unserved part of the punishment with a milder type of punishment 701
§ 1. The concept and types of release from punishment 701
Section 2 Probation 703
§ 3. Parole from serving a sentence 714
§ 4. Exemption from punishment in connection with a change in the situation 724
§ 5. Release from punishment due to illness 725
§ 6. Postponement of serving a sentence 732
§ 7. Suspension of serving a sentence for drug addicts 736
§ 8. Release from serving a sentence in connection with the expiration of the limitation period for a guilty verdict of a court 738
§ 9. Replacement of the unserved part of the punishment with a milder form of punishment 740
Chapter XXII. Amnesty. Pardon. Criminal record 745
Section 1 Amnesty 745
§ 2 Pardon 752
§ 3. Conviction 759
SECTION SIX. CRIMINAL LIABILITY AND PUNISHMENT OF MINORS 770
Chapter XXIII. Features of criminal liability and punishment of minors 770
§ 1. General provisions 770
§ 2. System and types of punishment for minors 771
§ 3. Sentencing of minors 778
§ 4. Release of minors from criminal liability and punishment 784
§ 5. Conditional early release of minors from serving a sentence and replacement of the unserved part of the sentence with a milder type of punishment 788
§ 6. Other features of the criminal liability of minors 792
SECTION SEVEN. CRIMINAL MEASURES 795
Chapter XXIV. Other measures of a criminal law nature 795
§ 1. Compulsory medical measures 795
§ 2. Confiscation of property 808
SECTION EIGHT. FOREIGN CRIMINAL LAW 815
Chapter XXV. The main directions in the science of criminal law 815
§ 1. Classical direction 816
§ 2. Anthropological direction 822
§ 3. Sociological direction 825
§ 4. Modern criminal law theories 829
Chapter XXVI. Criminal law of foreign countries (General part) 833
§ 1. Modern systems of criminal law 833
§ 2. Sources of criminal law of foreign states 837
§ 3. The concept of a criminal act 849
§ 4. Classifications of criminal acts 853
§ 5. Subjects of a criminal act 855
§ 6. Vinaya of its forms 861
§ 7. Circumstances excluding criminal liability 863
§ 8. The concept and goals of punishment 869
§ 9. System of punishments 873
Exam Preparation Questions
1. Concept, subject, method, tasks and system of criminal law. Correlation with other branches of law. Science of criminal law.
2. Principles of criminal law.
3. The concept, main features and meaning of the criminal law. The structure of the Criminal Code of the Russian Federation. Criminal legal norm and its structure.
4. Action of the criminal law in time.
5. Action of the criminal law in space.
6. The concept, types and meaning of the interpretation of the criminal law.
7. Classification of crimes and its criminal law significance.
8. The concept of crime, its social essence and features. Distinguishing crime from other crimes.
9. Criminal liability: concept, content, occurrence, implementation and termination. Criminal liability and criminal law relations.
10. Composition of a crime: concept, structure and meaning. Types of compositions.
11. Optional features of the crime and their meaning.
12. Object of crime: concept, types and meaning. The subject of the crime. Victim.
13. The objective side of the crime: concept, content, features and meaning.
14. Socially dangerous act: concept, features, forms and meaning.
15. Socially dangerous consequences: concept, types and meaning.
16. Causality in criminal law: concept, features, meaning.
17. The subjective side of the crime: the concept, content, features and meaning.
18. Wine: concept, essence, content, forms and meaning.
19. Intention and its types.
20. Negligence and its types. Innocent harm.
21. Crime with two forms of guilt.
22. Error in criminal law: concept, types and meaning.
23. The concept and signs of the subject of the crime. The subject of the crime and the personality of the offender.
24. Sanity. The concept, criteria and meaning of insanity. Criminal liability of persons with a mental disorder that does not exclude sanity.
25. Special subject of the crime and its significance in criminal law.
26. The concept, types and significance of the stages of committing crimes.
27. Preparation for a crime: concept, signs.
28. Attempted crime: concept, features, types and meaning. The difference between attempt and preparation.
29. Voluntary refusal to commit a crime: concept, features, meaning. Features of voluntary refusal of accomplices. The difference between voluntary repentance and active repentance.
30. Complicity in a crime: concept, features and meaning.
31. Types of accomplices.
32. Grounds and limits of liability of accomplices. Excess of the performer.
33. Forms of complicity.
34. Plurality of crimes: concept, features, types and meaning. The difference between plurality and a single (single) crime.
35. The totality of crimes: the concept, features, types and meaning.
36. Recidivism of crimes: concept, signs, types, meaning.
37. Circumstances precluding criminality of an act: concept, signs, types and meaning.
38. Necessary defense: concept, conditions of legality, meaning.
39. Causing harm during the arrest of a person who has committed a crime.
40. Extreme necessity and conditions for its legitimacy.
41. Physical and mental coercion. Execution of an order or command.
42. Justified risk: concept, features, meaning. Recognition of the risk as unreasonable.
43. The concept and signs of punishment.
44. Purposes of punishment.
45. Punishment system: concept and meaning. Classification of types of punishments.
47. Deprivation of the right to hold certain positions or engage in certain activities.
48. Correctional work.
49. Punishments applicable to military personnel.
50. Confiscation of property.
51. Imprisonment for a specified period. Appointment of a type of correctional institution to those sentenced to imprisonment.
52. General principles of sentencing.
53. Mitigating and aggravating circumstances. Appointment of punishment under mitigating circumstances (Article 62 of the Criminal Code of the Russian Federation).
54. Sentencing for an unfinished crime.
55. Appointment of punishment at the verdict of jurors on leniency.
56. Sentencing based on cumulative sentences.
57. The imposition of a more lenient punishment than provided for a given crime (Article 64 of the Criminal Code of the Russian Federation).
58. Punishment for the totality of crimes.
59. Appointment of punishment in case of recidivism of crimes.
60. Conditional condemnation. Cancellation of probation, probation extension.
61. Parole from punishment.
62. Exemption from criminal liability in connection with reconciliation with the victim.
63. Exemption from punishment due to a change in the situation.
64. Exemption from punishment due to illness.
65. Exemption from criminal liability in connection with the expiration of the statute of limitations.
66. Exemption from criminal liability in connection with active repentance.
67. Postponement of serving a sentence.
68. Amnesty and pardon.
69. Conviction.
70. Mandatory work.
71. Replacement of the unserved part of the punishment with a milder type of punishment.
72. Features of criminal liability and punishment of minors.
73. Coercive measures of educational influence.
74. Grounds, purposes, types and procedure for the application of compulsory medical measures.
1. Concept, subject, methods, tasks of criminal law and principles of criminal liability
The word "criminal" comes from the Old Russian word "head", which then had the meaning of "killed". In many Slavic and non-Slavic languages, including Belarusian, criminal law is called criminal law, from the Latin word kriminalis, which means "following from a crime."
Criminal law - it is a set of norms about a crime and criminal liability for its commission (punishment). Law, however, is something more than a simple set of norms. This is the will, the desire of society to regulate relations between people in a certain way, this is the sum of all the interests of individuals, their groups. Respectively, subject criminal law are public relations about what to recognize as a crime and what measures of responsibility to establish for their commission.
In addition to relations regarding crime and punishment, criminal law regulates the grounds and conditions for the application of criminal liability, the procedure for using other, except for punishment, measures of criminal liability, the grounds for exemption from criminal liability, the grounds and procedure for applying compulsory educational and medical measures to offenders.
At the same time, criminal law not only reflects the existing order of relationships in society. It has a great potential for influencing public consciousness and is able to form advanced forms of social relations or, conversely, contribute to the conservation of old ones. For example, the history of the long existence of the death penalty in Soviet criminal law and, most importantly, its large-scale use in judicial practice, led to a strong rejection by the Belarusian society of the possibility of its abolition.
Criminal law is specific method regulation of public relations. This is the ban method. , which is central to the criminal justice system. In addition to the prohibition, methods of permission and prescription are used in criminal law.
Ban means limiting a person's right to perform certain actions under the threat of liability. For example, it is forbidden by criminal law to kill, maim, steal, create criminal gangs, etc.
permission- this is the granting to a person of the right to choose behavior at his own discretion within certain limits. For example, a citizen has the right to the necessary defense against encroachments on his life, property, honor and dignity. At the same time, a person may not use the right to protection given to him by law, but run away or call the police, passers-by, etc. for help. The law allows a citizen to independently choose the form of his behavior. Another example: in some cases, the decision of the question of whether to bring the subject who harmed him to criminal liability or not to bring him to justice depends on the desire or unwillingness of the victim in some cases.
prescription It is the fixation of certain behavior by law. In such cases, the Criminal Code directly prescribes, for example, the court, as a subject of criminal law relations, to act in a strictly defined manner when passing a sentence, imposing punishment, etc. The prescription can also control or stimulate the behavior of other subjects of criminal law. For example, a person convicted with a suspended sentence is stimulated by criminal law to law-abiding behavior (apologize to the victim, eliminate harm, go to work or study). Otherwise, the deferment will be canceled and the person will be sent to actually serve the sentence.
Stimulation of behavior desirable for society can be identified as a separate method encouragement, which is used in the criminal law assessment of the voluntary renunciation of the crime, the active repentance of the offender, with parole.
Criminal law as a science and academic discipline has its own system. It includes a general part, a special part and a special part. The general part of criminal law as a science includes the basic concepts, principles and institutions of the industry. The special part includes the components of crimes (articles on criminal acts), which are contained in the Criminal Code. The special part includes the history of domestic and foreign criminal law and a comparative analysis of current foreign criminal law systems.
The subject of study of the science of criminal law is not only the articles of the current Criminal Law. Science also studies the practice of applying the criminal law and forms recommendations on the ways of developing criminal legislation, uses the methods of its historical research, comparative study of the Belarusian national legislation and the criminal law of foreign countries, as well as sociological, statistical, criminological, forensic aspects of the functioning of the criminal law system. From the point of view of the effectiveness of the operation of criminal law, the formation of a scientifically based legal ideology in the field of combating crime and applying measures of criminal liability is of great importance.
Criminal law establishes signs of criminality (danger) of acts and regulates the rules and conditions for the application of measures of criminal liability for committed crimes and socially dangerous acts, and also regulates the possibility of citizens using their powers to cause harm in cases where this contributes to the protection of their rights and freedoms and excludes the criminality of their actions.
In accordance with Article 2 of the Criminal Code h tasks(functions) of criminal law are:
- protective which consists in the protection of certain values common to all, those social relations that require the most severe and stringent measures of state regulation: public relations regarding people's lives, their health, property, personal human rights, political and economic rights of citizens, protection environment, law and order;
- precautionary which consists in preventing citizens, both those who committed a crime and those who did not allow them, from committing criminal attacks by (under fear) establishing responsibility for socially dangerous acts;
- educational, or correctional, which consists in shaping the consciousness of citizens in the spirit of observing the rules of a joint hostel, regardless of whether citizens consciously comply with the criminal law, or under pain of punishment.
Any society defends its fundamental values by the threat of severe liability for infringement on them. Nevertheless, crime has been present in any society (state) throughout the history of mankind. Criminologists count more than three hundred immediate causes of crime, associated both with the objective conditions of society (economic, social, political) and with the properties of a person's personality. The main indicator of the state of crime is its level, that is, the number of crimes per 10,000 inhabitants.
The main causes of crime are property and personal inequality. These two reasons lead to the commission of theft, other crimes against property, the management system, the exercise of power, and the commission of crimes against life and health, a person, his honor, dignity and other rights and freedoms. The listed groups of crimes occupy the main place in the judicial and investigative practice of any state.
The state fights crime purposefully, organizational and legislative measures, including through the conduct of criminal law policy. The main means of this policy are the criminalization and decriminalization of acts, as well as the regulation of criminal law repression (responsibility). Criminalization- this is the establishment of criminal liability for an act that was not previously considered criminal. Decriminalization- this is the abolition of criminal liability for an act that was previously considered criminal.
In the implementation of criminal law policy, it is important to prevent a voluntaristic approach: unconditioned by time and circumstances, giving previously unpunished actions the nature of criminal or their decriminalization, on the one hand, and to prevent excessive tightening or liberalization of punishment sanctions, on the other. It must be recognized that the very fact of the existence of certain articles in the Criminal Code is not capable of stopping the commission of the relevant criminal acts.
General part of criminal law
Topic 1. Concept, tasks and principles of criminal law
1. The concept of criminal law, its subject, method and system.
2. Tasks of criminal law.
3. Principles of criminal law.
4. Criminal policy.
§1. The concept of criminal law, its subject, method and system
Etymologically, the word "criminal" is associated with the word "head", which in the Old Russian language had the meaning of "kill". In Latin, it corresponds to "penal", which means "head" and "criminal" 1 . According to other explanations, the word “criminal” comes from the verb “criminal”, that is, “offend” or “anger”, or from the words “criminal” and “criminal”, for which the perpetrator was subject to the death penalty or heavy commercial punishment 2 . In the Pskov Judicial Charter, the word "golovshchina" under Art. 26, 96 - 98 meant "murder" 3 .
The concept of criminal law is used in three meanings : branches of legislation, branches of law, science of criminal law and the academic discipline of the same name.
Criminal law is a system of laws and norms issued by the highest authority, establishes the basis and principles of criminal liability, determines which acts dangerous to the individual, society or state are recognized as crimes, and establishes the types of punishments and other measures of a criminal law nature for committing crimes. 2 article 2 of the Criminal Code of the Russian Federation).
Criminal law - this is a branch of law that unites legal norms that establish what acts are crimes and what punishments, as well as other measures of criminal legal influence are applied to the persons who committed them, determine the grounds for criminal liability and exemption from criminal liability and punishment.
Criminal law as a branch, a subsystem of the system of law is a broader concept than criminal law. It covers both criminal law and criminal law relations.
Criminal law as a branch of law differs from other branches of law in its own way. regulated. Such a subject is the social relations that exist between the person who committed the crime and the state, on behalf of which the appropriate measures of criminal law are applied to the person. Thus, in modern and pre-revolutionary literature, the subject of criminal law in a generalized form is recognized as crime and punishment as legal institutions 1 .
Commenting, otherwise - doctrinal interpretation of the criminal law;
Studying the history of criminal law;
Carrying out a comparative analysis of domestic and foreign criminal law;
Development of the sociology of criminal law, that is, the real life of the criminal law through statistical measurement of the level, structure and dynamics of crime, the study of the effectiveness of the law, the mechanism of criminal law regulation, the validity and conditionality of the criminal law;
Study of international criminal law.
The subject matter of the science of criminal law determines the content specificity of its method. The concept of "method" covers the methodology and methodology of cognition. Methodology is a system of categories of dialectical and historical materialism, which makes it possible to explore and actively apply the known patterns, essence, content in the field of criminal law combating crime. IN dialectical materialism this is the doctrine of the unity and struggle of opposites as a source of development, of the general interaction of the quantity and quality of matter, the form and content of phenomena and concepts, objective and subjective, possibility and reality, causality and other types of determination, etc.
Laws historical materialism provide reliable knowledge of the trends in the development of society, disclosure of the interaction of the socio-economic basis with the political, legal, cultural superstructure of a given formation, the social structure of society.
Categories and laws of dialectical and historical materialism are used in the study of all criminal law phenomena and concepts: criminal law, crime, punishment, exemption from punishment. For example, the dialectical doctrine of determination finds application in the study of a causal relationship between a criminal act (inaction) and harmful consequences as an obligatory basis for criminal liability for an act committed by a person, in a study in theory and practice of complicity. The dialectic of the transition of possibility into reality substantiates legislation and law enforcement of the norms on the stages of committing a crime, preparing for a crime and attempting a crime.
The dialectical law on the correlation and connection of form and content underlies the understanding of the legal form of a crime and its social (material) content, forms of guilt and forms of complicity. The categories of "accident" and "necessity" are used in criminal law when studying the objective side of the corpus delicti, guilt and personality of the offender.
Methodology in criminal law is a system of techniques and operations, means and tools for the study of phenomena and concepts related to criminal law, crime and punishment. The main methods are legal, statistical, sociological.
legal method covers a systematic or systemic method (by branches of law, within law, between law and other social subsystems, such as economic, ideological), methods of interpreting the law (grammatical, historical, logical interpretation) and comparative (comparative) analysis of criminal law (comparison with criminal law other states), the historical method or the historical-comparative method (for the perception of past experience of legislation and law enforcement).
Statistical method- this is the knowledge of the qualitative originality of criminal law phenomena and concepts through quantitative indicators. This method is carried out criminal-statistical measurement of crime and punishability. Statistical generalizations of materials of judicial practice, for example, in matters of qualification of crimes, the structure of punishments and exemptions from criminal liability, which are carried out by the investigating authorities, prosecutors, courts, as well as scientists, make it possible to identify the reasons for the ineffectiveness of criminal law means of combating crime and develop recommendations for improving their performance.
sociological methods include surveys (questionnaires, interviews, expert assessments) of various categories of persons - law enforcement officers, the public, convicts, etc. - on various aspects of criminal law. For example, the opinion of the population on the motives for refraining from committing a crime, when recipients (interviewees) had such an opportunity, on the levels of latency (concealment from registration) of certain crimes, on the effectiveness of criminal laws, etc., has been studied for a long time and widely.
Increasingly widespread use in legislative, practical, scientific and teaching activities began to find mathematical methods, such as modeling and cybernetic methods. The latter involve the use of cybernetic tools for processing various types of information: criminal-statistical, sociological-legal, generalizations of judicial, investigative, prosecutorial practice. Finally, cybernetic systems are being introduced into the higher education of lawyers, as well as into reference, legislative and research activities.
Thus, the subject of criminal law includes three main problems: criminal law, crime and punishment.
The methodology of their research includes a system of legal, statistical, sociological and mathematical methods.
Functions of criminal law are the main directions of the criminal law impact on crime . The active role of criminal law, its social purpose is manifested in the functions.
In the legal literature, the main and special functions of criminal law are distinguished. Main social function criminal law is criminal law regulation. The main methods of legal regulation in the field of criminal law are coercion and encouragement. Compulsion applies to persons who have crossed the line of what is permitted. It is expressed in the deprivation of a person of certain benefits (from property to freedom and even life). Without coercion, criminal law ceases to be criminal and cannot even be called law at the current level of development of public morality and social relations. promotion applies to remorseful individuals seeking to return to an honest, law-abiding life and taking concrete, socially approved steps in this direction. It is expressed in the exemption from deprivation or restriction of rights and freedoms imposed on a person in connection with the committed act. Without encouragement, criminal justice loses its meaning, since any efforts of a person to make amends to society will not receive reinforcements and will eventually fade away. The punishment will be exclusively punitive in nature, the purpose of correction will turn into an empty phrase 1 .
To special functions criminal law include:
a) protective, that is, the function of protecting public relations from criminal encroachments;
b) regulatory, that is, the function of organizing, streamlining, regulating social relations arising from the commission of socially dangerous acts;
c) restorative, that is, the function of restoring social relations violated by crimes 1 .
One of the negative trends in the direction of changes and additions to the Criminal Code of the Russian Federation, notes A.V. Naumov, is exaggerated hopes for the criminal law as a means of effectively resolving almost any socially important problems (despite the fact that the regulatory and protective capabilities of other branches of law are not taken into account). For example, proposals to establish criminal liability for infecting or putting another person at risk of contracting tuberculosis, for the consumption of narcotic drugs 2 .
The system of criminal law. The current criminal legislation is currently represented by one codified law - the Criminal Code of the Russian Federation, adopted by the State Duma on May 24, 1996 and put into effect on January 1, 1997.
The Criminal Code of the Russian Federation is divided into two parts - General and Special. The moment of "birth" of the General Part is associated with such legal monuments of the 10th century as the treaties of Kievan Rus with Byzantium in 911 and 944. The process of its formation was by no means straightforward, but discrete and rather lengthy, covering more than eight centuries in chronological frames. Among the codified acts, which for the first time provided for their division into the General and Special parts, V.P. Konyakhin names the Bavarian Criminal Code of 1813. In Russia, the legal consolidation of the General Part took place in 1833.
The concept of the institution of the General part formulated by V.P. Konyakhin. This is a structural element of the criminal law system enshrined in the General Part of the Criminal Code (a separate article, group of articles, chapter or section), which is a set of normative instructions designed to regulate the establishment of the most general conditions (signs) of crime and the punishability of socially dangerous acts 1.
IN General part of the Criminal Code concepts that are significant for all crimes and any corpus delicti are defined: the concept, tasks and principles of criminal law, the concept of crime and punishment, the main elements of the corpus delicti, general provisions on sentencing, exemption from criminal liability and punishment.
The general part of the Criminal Code has six sections, which, in turn, are divided into chapters.
IN special part UK specific types of crimes are described and the types and sizes of punishment for them are indicated. It also has sections and chapters, and their numbering is the same throughout the Code. Sections of the Special Part are built on the basis of the object of the crime.
The chapters of both the General and the Special part consist of articles, the numbering is also the same throughout the Criminal Code. Most articles of the Criminal Code of the Russian Federation have parts that are separated into paragraphs and have a digital designation. Parts of the articles of the Criminal Code can be subdivided into paragraphs, which are indicated by letters. For example, paragraph "a" part 2 of Art. 105 of the Criminal Code of the Russian Federation.
As a general rule, in separate parts of one article of the General Part, any one provision of the law develops. The Special Part of the article defines the nature of liability for the same crime, but in the presence of aggravating or, conversely, extenuating circumstances.
In cases of adoption of a new criminal law norm, the numbering of articles does not change. A newly criminalized act, depending on the proximity of the immediate object underlying the structuring of the Criminal Code, is included in the Criminal Code with the sign "1", "2", etc. For example, Art. 127-1 of the Criminal Code of the Russian Federation (“Human Trafficking”), art. 282-2 of the Criminal Code of the Russian Federation (“Organization of the activities of an extremist organization”).
