Criminal law and ways to regulate legal norms. Types of criminal law methods.

Law

Criminal law is an individual industryrights, which, by analogy with other branches of law, has its own method of regulating legal norms. The method as an aggregate of legal means of influencing public relations, determined by the norms of the considered branch of law, is a very capacious and diverse concept in the legal literature. It should be noted that the method also serves as the basis for an additional character for dividing the whole right into branches. The question of the method of legal regulation seems complicated and poorly studied throughout the legal science. As for the considered branch of law, according to the general rule of the practice of legal order, the method of legal regulation is oriented to the application of penalties for violation of criminal restraining norms. But this interpretation of the method of legal regulation seems to be a narrow profile concept, which is determined by the multitude of components entering into the very content of the method.

To components of a method of legal regulationThe criminal law of the Russian Federation can be classified as: the procedure for establishing rights and obligations, the definition of legal facts that are the beginning of legal relations, the relationship between the parties in the legal relationships that have arisen, ways and means to ensure the rights of subjective appointment. The combination of these characteristics in the theory of legal doctrines allows us to define three methods of legal regulation. They include a ban and injunction, as well as permission. The latter is expressed in the primacy of the administering norms. The prescription acts as an administrative-legal form of regulation. Prohibition as a method of legal regulation of the industry, criminal law is directly conditioned by the norms of criminal law. At the same time, it is taken into account that the considered branch of law is called upon to determine the crimes and punishability of acts that are dangerous for the individual, for citizens in the state and to determine models of socially dangerous behavior that is prohibited by the law of the country.

Note that all types of legal regulationcriminal law branch, it is possible to meet and in other branches of law. Here it should be said that in each branch of law the definite method of legal regulation, which was mentioned above, is decisive. That is, in one branch of law the method of prescription is decisive, in another branch of law - permission, in the third branch - the prohibitive method. The criminal legal way of legal regulation is not limited to prohibitive norms. That would be wrong. By way of example, criminal law norms on the necessary defense have an empowering character, which allows one to assert that the method of permitting as a method of legal regulation exists in the criminal law branch. These methods of legal regulation in each branch of law has characteristics that are complementary to the main ones. They can be specific methods and concretize methods of inter-industry designation. Thus, the relations of the criminal-legal protection type are regulated by certain methods. These methods include: the use of criminal punishment, the removal of criminal responsibility and penalties, the use of medical measures to subjects who have committed insanity crimes, suffering from various mental disorders, to drug addicts. These measures are compulsory.

Investigation of the object and method of legalregulation of the industry, criminal law is formulated by the conceptual apparatus of the industry in question. It should be noted that international criminal law does not differ in anything from this industry, nevertheless, it has the characteristic features that are unique to this industry, existing and acting on the international arena.