MODERN REQUIREMENTS FOR THE CONSTITUTIONALIZATION OF CRIMINAL LAW

The article shows that when establishing the elements of crimes in the norms of the Criminal Code of the Russian Federation in their interpretation and application, deviations from such constitutional norms, criteria for the lawful restriction of human rights as proportionality, equality before the law, consistency of norms, certainty, justice are sometimes allowed; the legislator and law enforcer do not always take into account the decisions of the Constitutional Court of the Russian Federation; the 2020 amendments to the Constitution of the Russian Federation, the Federal Law “On the Constitutional Court of the Russian Federation” and other laws concerning the legal consequences of decisions of the Constitutional Court of the Russian Federation, which formulate new requirements for the constitutionalization of criminal law, are not taken into account. In the legal literature, these issues are either avoided or resolved not in accordance with the current version of the laws. The legal consequences of decisions of the Constitutional Court of the Russian Federation and the conditions for their occurrence that were not noticed and not perceived by the legislator, law enforcers and researchers are given. On their basis, constitutional requirements are formulated for the legislator to abolish and amend articles of the Criminal Code of the Russian Federation recognized by the Constitutional Court that not only do not correspond to the Constitution of the Russian Federation, but also do not advise constitutional interpretation, and are not even considered by the Constitutional Court of the articles of the Criminal Code of the Russian Federation, which contain the same provisions. Requirements for the law enforcement officer not only not to apply a law recognized as inconsistent with the Constitution, not to apply the law in a different interpretation, as proposed by the Constitutional Court, but also to apply to the Constitutional Court with a request to verify compliance - non-compliance with the Constitution of the Russian Federation with the norm of the Criminal Code to be applied in a case containing such the same provisions that were recognized by the Constitutional Court of the Russian Federation as unconstitutional or subject constitutional interpretation. Some additional guarantees for the implementation of these requirements are named and justified, directions for studying the problems that have arisen.