SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2020.

Principles of criminal law and criminal law: unobvious contradictions

Author(s)
Barkhatova Ekaterina Nikolaevna
Abstract
A review of the provisions of the criminal law is carried out, which are in conflict with the principles of criminal law, the legal consequences of such contradictions are analyzed, an argument is given for the need to eliminate them, and possible solutions to the problems identified are proposed. The author addresses the issue of the relationship of the principles of criminal law with each other, their relationship with the provisions of other branches of law, to which the law enforcement authorities send blank criminal law norms. It is noted that the principle of justice, along with the principle of humanism, is basic to other principles of criminal law. Moreover, the principle of humanism causes the least amount of contradictions. The question of the advisability of the existence in the criminal law of this type of punishment as the death penalty is raised. From the standpoint of compliance with the principles of criminal law, the norms of a judicial fine, murder committed on the grounds of blood feud, a fine as a form of punishment for minors and the possibility of paying it by parents, a restriction of liberty existing along with the possibility of conditional conviction, as well as a measure of post-prison impact in the form of administrative supervision. Attention is focused on the implementation of the rule on the retroactive effect of the law and cases where its application violates the rights of citizens. Certain provisions of the article are devoted to the issue of applying criminal legislation to persons enjoying immunity; in this connection, the norms of international law and the compliance of the provisions of the Russian criminal law with these norms are analyzed. Through the prism of the principle of equality, a group of crimes in the field of economic activity is analyzed, as well as individual grounds for exemption from criminal liability affecting the economy.
Keywords
principles of criminal law, legality, equality, guilt, justice, humanism
About the Authors
For citation
Barhatova E.N. Principy ugolovnogo zakona i ugolovno-pravovye normy: neochevidnye protivorechiya // [Principles of criminal law and criminal law: unobvious contradictions] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2020, no 3 (90), pp. 74–79.
UDC
References

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