REFRACTION OF THE GENERAL PRINCIPLES OF RUSSIAN LAW IN CRIMINAL LAW

Year: 
2019

Article:

Issue: 
6

DOI: 
10.34076/2219-6838-2019-6-34-44
Author(s): 

Sabitov Timur

Associate professor, Ural State Law University (Yekaterinburg), doctor of legal sciences, e-mail: trsabitov@yandex.ru

Author(s): 
Sabitov Timur
Abstract: 

In the article, the author finds out how the general principles of Russian law, formulated on the basis of constitutional requirements and provisions of the legal doctrine, are refracted in criminal law. The general legal principles of legality, equality, social justice, respect for human rights, unity of rights and duties, a combination of persuasion, coercion and promotion in law are considered. In addition, among the principles of legal liability, the principles of inevitability of responsibility, timeliness, expediency, individualization, responsibility for a guilty act, and the inadmissibility of double responsibility are investigated. The author concludes that the general principles of Russian law, including the principles of legal liability, have had and are having a serious impact on the formation of a system of criminal law principles. Most of them have developed in the science of criminal law, taking into account branch specifics. At the same time, a comparison of general legal and criminal law principles raises doubts about the completeness of the system of the latter. It is necessary to constantly take into account the achievements of legal theory in criminal law and, in certain cases, adjust the relevant legal structures. However, one cannot fail to note the fact that the theory of the general principles of Russian law, and especially the principles of legal responsibility, has some drawbacks and contradictions. And in this part, it does not contribute to the growth and systematization of the theory of criminal law principles, but also becomes dependent on the scientific achievements of the latter.

Key words: 

general principles of law, principles of criminal law, principles of legal liability, system of law, legal doctrine

Text of the article: 
English