ON INTER BRANCH APPLICATION OF PRIVATE LEGAL CONCEPTS

The article deals with the problem of current criminal and criminal procedural legislation in relation to private legal concepts. The author pays attention to the rules of several articles of the Criminal Code of the Russian Federation (174, 179 and 195) and Article 5 of the Criminal Procedural Code of the Russian Federation, all of them being connected with the criminal procedure subjects having family legal relations. The article gives the detailed dispositions of the rules above, substantiates their inadmissibility for the right application and proposes some changes. The author examines some theoretical issues of an inter branch character; criticizes the underestimation of important private law provisions, makes well-reasoned conclusions about a positive reversed impact of rules of public branches on private law. The example of a recent rare and complicated case (brought before the court under Article 179 of the Criminal Code) which reflected some legal gaps in current legislation is given. Due to its multi-subjectivity and multi-variability the case proves to be the subject matter for future discussions by specialists in different branches. The author raises the problem of correlation between several articles of the Criminal Code and Article 1117 of the Civil Code devoted to unworthy heirs. To analyze the above norms in a system means to eliminate the gaps and loopholes in their application and, thus, to save lives of the participants of corresponding legal relations. The present article contains the substantiated recommendations on the development of the corresponding rules of public and private law.