In 1996, the new Criminal Code of Russia was adopted,who replaced the Soviet. It is necessary to emphasize this, because the new legislation has tried to significantly change the system itself. A number of the compositions became invalid, and the punishment was brought in compliance with the international acts that our country signed at that time. Criminal law seeks to become the basis for the protection of life and health of citizens. The protection of state interests is now given secondary importance.
This is a difficult question that causesambiguity in academia. But for law enforcement, it is important that there are unambiguous provisions that guide the direct implementation of the law. The action involves three components that must be disclosed: in time, in space and in a circle of persons.
Action in time
Important position because it is from thisdepends on the fate of the person who violated the norm. As a general rule, the law can not have retroactive effect. The criminal law has the specified provision, but in general this concept is of general law. There are exceptions, of which there are only two. One of them is if the crime of the act is eliminated. For example, a person is serving a sentence under article speculation. The current criminal law does not have such a composition, therefore the person is released. The second is due to extenuating circumstances. If the newly adopted norm softens the fate of the criminal or in any way improves the situation, then it applies.
The question is not complicated, therefore merged into one.In space, criminal law applies to the entire territory of the Russian Federation (land, water, airspace), as well as to the continental shelf and the exclusive economic zone. As for the action on a circle of persons, then, of course, the rules apply to all citizens of the Russian Federation. There are other categories of people: those who live in Russia permanently, but do not have citizenship (stateless persons), foreigners and stateless persons whose crimes are directed against the state, as well as military personnel whose units are not located in the territory of the country.
Interpretation of criminal law
Выделяют массу видов толкований.We will not describe them in detail, because the essence comes down to the fact that there is an official interpretation and a complex of unofficial ones. Official implies the authorized body that gives it. The State Duma may comment on the articles. In addition, there is the highest court - the Supreme Court. The resolutions of the Plenum give an official interpretation. Criminal law is a well-established industry, and changes are less frequent here. Nevertheless, there are doctrinal interpretations that are contained in the works of theoretical scholars (textbooks, dissertations, etc.). There are other kinds of interpretations, such as literal, restrictive or grammatical.
Criminal law is intended to establish principlesresponsibility and punishment for the acts committed. At the same time, it is necessary to fulfill the main constitutional task - the protection of the life and health of citizens of the country. And only in the background are the interests of society and the state.
