CONSTITUTIONAL AND INTERNATIONAL RULES IN THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

被引:0
|
作者
Plohova, V., I [1 ]
机构
[1] Altai State Univ, Chair Criminal Law & Criminol, Barnaul, Russia
来源
关键词
criminal law; international; constitutional and criminal law counteraction; criminal; law constitutionalization;
D O I
暂无
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The author provides aspects of constitutional and international generally accepted principles and rules, international treaties' introduction to the Criminal Code of the Russian Federation. The article reveals related problems that need to be studied soon. The abovementioned aspects and problems are provided basing on analysis of new literature about constitutional, international and European law on different types of international law and therefore their realization mechanism differences. The author uses statements of three Enactments of Plenum of Supreme Court of Russian Federation dated 27-P dated 06.12.2013, Constitutional Cout of the Russian Federation practice and European Court of Human Rights' practice. Therefore international rules have to be considered in Criminal law development Concept (Criminal legal policy development concept), deeds criminalization, essential crime element's capture in legislation, crime definition and its application. Generally accepted international principles include international law fundamental mandatory provisions accepted by international community in general. Departure from these provisions is unacceptable. A generally accepted international rule is a maxim of law accepted and recognized by international community in general as legally binding. Thus crimes classification algorithm needs to be improved considering constitutional and international element.
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页码:96 / 104
页数:9
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