GENERAL PART AS A REFLECTION OF THE SPECIFICITY OF RUSSIAN CRIMINAL LAW

Introduction: the article investigates the legal nature and specificity of the General Part of the Russian criminal law in inseparable interrelation with its Special Part. Materials and Methods: the methodological basis of the article was the universal method of dialectical cognition in the study of the essence of the General Part of criminal law, its relationship with its Special Part. In the course of solving certain tasks in the work the authors used general scientific research methods, in particular, comparative-legal, system-structural, and also used analysis as a specific scientific method of cognition. Results: in order to reveal the legal nature of the General Part of Criminal Law the regularities of its formation were determined. The principles of allocation in the structure of criminal law of its General and Special parts were substantiated. The criminal-legal significance of allocation and isolation of the General Part as a structural element of criminal law, which should be regarded as a phenomenal achievement in legal technique, has been revealed. In the course of the study the features of interaction and interdependence of the norms of the General Part of criminal law with the provisions of its Special Part were revealed. The study of these issues allowed the best way to identify the specificity of the General Part of criminal law. Discussion and Conclusions: the conducted research allowed to identify the fundamental beginnings of the formation of the General Part of criminal law in isolation from its Special part and to justify that the natural development of the structure of criminal law is the result of the manifestation of the pandect principle of construction of codified criminal legislation. The key criminal-legal significance of the General Part of criminal law as the foundation on which its Special Part is built and formed is revealed and substantiated. The analysis of the considered issues confirms the conclusion that the most important characteristic of the General Part is that it is an expression of the specificity of the branch of criminal law. The study of the analyzed problems allows to determine the points of contact between the General and Special parts of criminal law and the mechanism of implementation of their norms by the law enforcer.

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Publication Details

Journal
Bulletin of the Kazan Law Institute of MIA Russia
Published
2025-04-02
DOI
https://doi.org/10.37973/vestnikkui-2025-59-8
Primary Topic
Legal and Policy Issues
Type
article
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article

GENERAL PART AS A REFLECTION OF THE SPECIFICITY OF RUSSIAN CRIMINAL LAW

Aleksandr Ilidzhev, Artur R. Abutalipov
Bulletin of the Kazan Law Institute of MIA Russia
Legal and Policy Issues
article

GENERAL PART AS A REFLECTION OF THE SPECIFICITY OF RUSSIAN CRIMINAL LAW

Aleksandr Ilidzhev, Artur R. Abutalipov
article en

Abstract

Introduction: the article investigates the legal nature and specificity of the General Part of the Russian criminal law in inseparable interrelation with its Special Part. Materials and Methods: the methodological basis of the article was the universal method of dialectical cognition in the study of the essence of the General Part of criminal law, its relationship with its Special Part. In the course of solving certain tasks in the work the authors used general scientific research methods, in particular, comparative-legal, system-structural, and also used analysis as a specific scientific method of cognition. Results: in order to reveal the legal nature of the General Part of Criminal Law the regularities of its formation were determined. The principles of allocation in the structure of criminal law of its General and Special parts were substantiated. The criminal-legal significance of allocation and isolation of the General Part as a structural element of criminal law, which should be regarded as a phenomenal achievement in legal technique, has been revealed. In the course of the study the features of interaction and interdependence of the norms of the General Part of criminal law with the provisions of its Special Part were revealed. The study of these issues allowed the best way to identify the specificity of the General Part of criminal law. Discussion and Conclusions: the conducted research allowed to identify the fundamental beginnings of the formation of the General Part of criminal law in isolation from its Special part and to justify that the natural development of the structure of criminal law is the result of the manifestation of the pandect principle of construction of codified criminal legislation. The key criminal-legal significance of the General Part of criminal law as the foundation on which its Special Part is built and formed is revealed and substantiated. The analysis of the considered issues confirms the conclusion that the most important characteristic of the General Part is that it is an expression of the specificity of the branch of criminal law. The study of the analyzed problems allows to determine the points of contact between the General and Special parts of criminal law and the mechanism of implementation of their norms by the law enforcer.

Bulletin of the Kazan Law Institute of MIA RussiaVol. 16(1)
Presidential Executive Office (RU), Kazan Law Institute (RU)
Openalex Percentile: Top 91%
Legal and Policy Issues
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