Criminal Code of the Russian Federation: principles of criminal liability

Human activities are always aimed atachievement of a specific goal. In connection with this thesis, one can conclude that people in all cases apply their intellect, which allows them to analyze information and make their judgments about it. Such a phenomenon is called consciousness. It is the presence of this category that distinguishes people from animals, which, in turn, act only on the basis of their instincts.

But the problem is that the activitythe person in some cases does not always fit into the moral framework developed in society. That is, they are in some way violated by individuals. Violation can be viewed both from the position of the system of people's relations, and from the point of view of a legal policy. After all, any actions that are contrary to any moral standards of society, as a rule, are illegal, that is, for their commission the person is subject to legal liability.

To date, the legal sphere of the RussianThe Federation is divided into certain areas depending on the object of regulation, that is, specific social relations. One of the branches of jurisprudence in this case is the criminal one. Its norms are regulated by the relations that arise in the sphere of the commission of the most dangerous acts by people. At the same time, the criminal branch of law has an institute of responsibility in its structure. Its implementation is based on the existing legislative framework and certain principles, the features of which will be presented later.

The criminal branch of law

Earlier it was already mentioned that the legal sphere of the Russian Federationconsists of a set of interrelated elements. Criminal law in this case is one of them. This industry, in its turn, also has its own structure. The principles of criminal liability relate to one of its components. Thus, for their full analysis it is necessary to understand the peculiarities of the industry itself.

Criminal law is the aggregate of legalnorms, by which public relations are coordinated in the sphere of committing socially dangerous acts. That is, in this case we are not talking about simple violations of law, but about actions that have a high level of danger for society and individuals, and cause negative consequences. As we understand, the criminal law regulation is simply necessary in the field presented, because in case of its development, the moral and legal foundations of society can be severely damaged.

Criminal liability

As mentioned earlier, the principles of criminalresponsibility are elements of one of the institutions of the relevant legal branch. In accordance with the general theory of the state and law, any sphere of regulation has norms and institutions in its composition. Criminal responsibility, in turn, belongs to the latter category. This institution of the criminal branch is the key one. After all, through it, in fact, the sphere mentioned in the article is universally realized.

In addition, criminal liability is a kind ofreaction of the state and society, which is applied to the person who has realized a certain kind of act. This phenomenon always has a negative character for the condemned, which manifests itself in various kinds of physical, moral, property and legal constraints. However, criminal responsibility is realized within the framework of strict regulations, that is, on the basis of legality and the rule of law. In this case, there are other legal features of the implementation of this kind of reaction of the state and society. Confirmation of this is the principles of criminal responsibility.

Relationship of criminal law and institution of responsibility

Normative base of any state playsthe primary role in the regulation of a particular type of relationship. In legal acts, norms are fixed that fix the main provisions of individual institutions. The importance of criminal law is characterized by the fact that it contains the main principles of criminal liability. In addition, the main normative act of the represented legal branch regulates the process of implementing a negative state reaction to crimes. In addition, it is a legal guarantee for the implementation of criminal liability in relation to offenders.

Concept of principles of criminally-legal responsibility

Any legal category is based on a number ofinitial provisions, which are fixed in the current regulatory framework. In this case, we are talking about a category such as the principles of criminal responsibility of the Russian Federation. However, a logical question arises about what principles are. This term characterizes the fundamental ideas that form the basis of the entire institution and the mechanism for its immediate implementation. At the same time, the principles of the criminal law (criminal responsibility) do not simply exist in legislative norms, but symbolize the guarantee of the systemic and correctness of the state reaction to the crimes committed.

Features of the principles

Given the above concepts, you canto assert that the principles of criminal responsibility of the Russian Federation have characteristic features. This proves the importance of the presented category in the system of legal regulation of a specific sphere. Thus, the principles of criminal responsibility are characterized by the following features:

1) The initial provisions were created with a view to framing the institution of criminal responsibility. In other words, they create a certain framework in which it is directly realized.

2) Principles of criminal liabilityare fixed at the legislative level, namely: in the key sectoral act, the Criminal Code of the Russian Federation. This indicates the need for their compliance in the process of applying the institute described in the article.

3) Each principle is unique in its own essence. That is, their provisions define completely different components of the direction of criminal responsibility.

4) The basic ideas correspond to the tendencies of democracy and the provisions of the Constitution of the Russian Federation.

5) The principles are endowed with specificity due to the peculiarities of the criminal branch of law to which they belong.

Principles of criminal liability of the Criminal Code of the Russian Federation

The current legislation of Russia lists all the fundamental ideas of the institute described in this article. Thus, the main principles of criminal liability include the following:

- legality;

- the principle of guilt;

- the principle of justice;

- the principle of humanism;

- the provision on the equality of all citizens without exception before the criminal law.

All the principles of criminal law,criminal responsibility play a sufficiently significant role in the application of this institution to individuals. Therefore, their provisions must be considered separately, in order to more fully understand the mechanism of state reaction to offenses of a socially dangerous nature.

Legality of responsibility (Criminal Code of the Russian Federation)

The implementation of any legal institution shouldoccur in a strict regulatory framework. The general principles of criminal responsibility listed above fully prove this thesis. In this case, the starting point of the legality of the legal response to crimes is of great importance. The essence of this principle is that criminal liability can only be realized within the framework of the legal norms of the Criminal Code of the Russian Federation. At the same time, the seriousness of the crime does not play any part. Responsibility must be carried out in accordance with the norms of this legislative act.

Non-observance of the principle of legality by representativesgovernment in the process of implementing punishment for crimes leads to a lack of legitimacy in their actions. In some cases, this kind of "mistake" can become a real problem, which will not allow to bring a person to account for the acts committed by him. In addition, the legality is manifested in the fact that criminals can only be subjected to such punishments, which are directly enshrined in the Criminal Code of the Russian Federation. Other measures of influence on them are not allowed.

The principle of the inevitability of criminal responsibility

Any act that falls under the regulatorythe framework of the criminal branch of law, must meet a number of specific requirements. If in actions of this or that person there are all elements of the composition of a socially dangerous act, then it is subject to criminal liability. At the same time, the principle of guilt or the inevitability of negative consequences is of great importance. Its presence testifies to the universality of the legal protection of the criminal nature of all, without exception, legal relations that arise today in the society. That is, regardless of the circumstances, persons who commit criminal offenses will be punished.

But in this issue you need competent worklaw enforcement. After all, their activities are aimed at proving guilt in certain situations. If the fact of the involvement of a particular person in a crime is not proved, then the principles of exemption from criminal liability will come into effect.

Equality of citizenship

Article 4 of the Criminal Code establishes a rule thatone person does not have any advantages over the criminal law. In this case, the principle of equality of citizens is manifested. The main feature is that criminal responsibility is realized primarily in the interests of society, that is, the population of the Russian Federation. At the same time, social origin, status, size of personal status, religion, race, color, etc., do not play any role.

In other words, in the case of a negativeany person, regardless of his personal qualities, will answer on general grounds before the law. In addition, the principle of equality of citizens also does not allow to infringe certain social groups in their powers. It should be noted that the presented initial position plays quite a significant role, because it is a manifestation of the main constitutional principles and democratic tendencies of modern Russia.

The principle of justice (personal responsibility)

In the process of justicevalue plays a question not only of its legality, but also of justice. This feature is manifested in one of the principles of current legislation. The fundamental idea of ​​the fairness of criminal responsibility or personal guilt of criminals consists of two key points:

- The punishment for a crime can be incurred only by the person who committed it directly. That is, to shift the responsibility on other people is prohibited.

- Bringing to responsibility is allowed onlyon the basis of proven guilt and the relevant court decision. Some scholars distinguish this thesis as a separate principle of the basis of criminal responsibility in criminal law.

Failure to comply with the provisions on justice and personal guilt is a gross violation, as there is a great risk of bringing to justice a person who is not involved in the commission of a crime.

Humanism of criminal law relations

Democratic social contacts in ourstate, as well as penetration into the legislation of some European tendencies gives rise to unique principles of its kind. One of these is humanism. On the basis of this category are built many legal relationships, including criminal liability. At the same time, the humanism of the area mentioned in the article is manifested in two ways:

- Firstly, the criminal law provides for the protection of fundamental freedoms of a person, because each and every individual and his life are the highest state value.

- Secondly, it is necessary to treat criminals humanely, because they are also people. At the same time it is allowed to limit their rights in commensurate degree of the committed crime.

Conclusion

So, we tried to figure out what principlecriminal liability is determined. In conclusion, we can conclude that this institution of the relevant industry is implemented through a whole system of initial positions that ensure its legitimacy and humanity.