Human activities are always aimed at achieving a specific goal. In connection with this thesis, we can conclude that in all cases people use their own intelligence, which allows them to analyze information and make their judgments about it. A similar phenomenon is called consciousness. It is the presence of this category that distinguishes people from animals, which, in turn, act only on the basis of their instincts.
But the problem is that human activity in some cases does not always fit into the moral framework developed in society. That is, they are in a certain way violated by individuals. Violation can be considered both from the position of the system of relationships between people, and from the point of view of the legal policy. After all, any actions that run counter to any moral principles of society, as a rule, are unlawful, that is, a person is legally liable for their commission.
Today, the legal sphere of the Russian Federation is divided into certain areas depending on the object of regulation, that is, specific social relations. One of the branches of jurisprudence in this case is criminal. Its norms govern the relations that arise in the sphere of committing by people the most dangerous acts. Moreover, the criminal branch of law includes an institution of responsibility. Its implementation is based on the existing legislative framework and certain principles, the features of which will be presented below.
Criminal branch of law
It has already been pointed out earlier that the legal sphere of the Russian Federation consists of many interrelated elements. Criminal law in this case is one of them. This industry, in turn, also has its own structure. The principles of criminal liability apply to one of its components. Thus, for their full analysis, it is necessary to understand the characteristics of the industry itself.
Criminal law is a set of legal norms that coordinate social relations in the field of committing socially dangerous acts. That is, in this case we are not talking about simple violations of the law, but about actions that have a high level of danger to society and individuals, and also cause the onset of negative consequences. As we understand it, criminal law regulation is simply necessary in the presented field, because in the event of its development, moral and legal foundations of society can be seriously damaged.
Criminal liability
As noted earlier, the principles of criminal liability are elements of one of the institutions of the relevant legal industry. In accordance with the general theory of state and law, any sphere of regulation incorporates norms and institutions. Criminal liability, in turn, belongs to the latter category. This institution of the criminal industry is key. Indeed, through it, in fact, the sphere mentioned in the article is being implemented everywhere.
In addition, criminal liability is a type of reaction of the state and society that applies to a person who has implemented a certain kind of act. This phenomenon always has a negative character for the convicted, which is manifested in various kinds of restrictions of a physical, moral, property and legal nature. However, criminal liability is implemented within the framework of strict regulations, that is, on the basis of legality and the rule of law. Moreover, there are other legal features of the implementation of this kind of reaction of the state and society. This is confirmed by the principles of criminal liability.
The relationship of criminal law and the institution of responsibility
The regulatory framework of any state plays a paramount role in the process of regulating one or another type of relationship. Legal acts enshrined norms that record the main provisions of individual institutions. The importance of criminal law is characterized by the fact that it contains the basic principles of criminal liability. In addition, the main regulatory act of the presented legal sector regulates the process of implementing a negative state reaction to crimes. In addition to this, it is a legal guarantee of criminal liability against offenders.
The concept of criminal liability
Any legal category is based on a number of initial provisions, which are enshrined in the current regulatory framework. In this case, we are talking about a category such as the principles of criminal responsibility of the Russian Federation. However, a logical question arises as to what principles are. This term describes the fundamental ideas that form the basis of the whole institution and the mechanism of its direct implementation. At the same time, the principles of criminal law (criminal liability) do not just exist in legislative norms, but symbolize a guarantee of the systematic and correct implementation of the state reaction to the crimes committed.
Principle Features
Given the above concepts, it can be argued that the principles of criminal responsibility of the Russian Federation have characteristic features. This proves the importance of the presented category in the system of legal regulation of a specific sphere. Thus, the principles of criminal liability are characterized by the following features:
1) The initial provisions have been created to frame the institution of criminal liability. In other words, they create a certain framework in which it is directly implemented.
2) The principles of criminal liability are fixed at the legislative level, namely: in a key industry act, the Criminal Code of the Russian Federation. This indicates the need to comply with them in the process of applying the institute described in the article.
3) Each individual principle is unique in nature. That is, their provisions determine completely different components of the direction of criminal responsibility.
4) Fundamental ideas meet the trends of democracy and the provisions of the Constitution of the Russian Federation.
5) The principles are endowed with specificity due to the characteristics of the criminal branch of the law to which they belong.
The principles of criminal liability of the Criminal Code
The current legislation of Russia lists all the fundamental ideas of the institution described in this article. Thus, the basic principles of criminal liability include the following:
- legality;
- the principle of guilt ;
- principle of justice;
- the principle of humanism;
- The provision on the equality of all citizens without exception before the criminal law.
All the principles of criminal law and criminal responsibility presented play a significant role in the process of applying the aforementioned institution to individuals. Therefore, their provisions must be considered separately in order to more fully understand the mechanism of state reaction to offenses of a socially dangerous nature.
The legality of liability (Criminal Code)
The implementation of any legal institution should take place in a strict regulatory framework. The general principles of criminal liability listed above fully prove this thesis. In this case, the initial position of the legality of the legal response to crimes is of great importance. The essence of this principle is that criminal liability can be realized only within the framework of legal norms of the Criminal Code of the Russian Federation. Moreover, the gravity of the crime committed does not play any role. Responsibility should be in accordance with the provisions of this legislative act.
Non-observance of the principle of legality by representatives of state authorities in the process of implementing punishment for crimes leads to a lack of legitimacy in their actions. In some cases, this kind of “mistake” can become a real problem that will not allow bringing a person to responsibility for his actions. In addition, the legality is manifested in the fact that criminals can be subjected only to such punishments that are expressly enshrined in the Criminal Code of the Russian Federation. Other measures of influence on them are not allowed.
The principle of inevitability of criminal liability
Any act that falls within the regulatory framework of the criminal branch of law must comply with a number of specific requirements. If the actions of this or that person have all the elements of the composition of a socially dangerous act, then it is subject to criminal liability. Moreover, the principle of guilt or the inevitability of negative consequences is of great importance. Its presence testifies to the universality of the legal defense of the criminal nature of all legal relations that arise in society today. That is, regardless of the circumstances, the persons who committed criminal offenses will be punished.
But in this matter competent work of law enforcement agencies is necessary. After all, their activity is aimed at proving guilt in certain situations. If the fact of a particular person's involvement in the crime is not proved, then the principles of exemption from criminal liability will come into effect.
Equality of citizens
Article 4 of the Criminal Code of the Russian Federation establishes the rule that no one person has any advantages over criminal law. In this case, the principle of equality of citizens is manifested. The main feature is that criminal liability is realized primarily in the interests of society, that is, the population of the Russian Federation. At the same time, social origin, status, size of personal status, religion, race, color, etc., do not play any role.
In other words, in the case of a negative act, any person, regardless of his personal qualities, will answer on the basis of common law. In addition, the principle of equality of citizens does not allow infringement of certain social groups in their competencies. It should be noted that the initial position presented plays a rather significant role, because it is a manifestation of the main constitutional principles and democratic trends of modern Russia.
The principle of justice (personal responsibility)
In the process of administering justice, the issue of not only its legality, but also justice plays a great role. This feature is manifested in one of the principles of the current legislation. The fundamental idea of the fairness of criminal responsibility or the personal guilt of criminals lies in two key points:
- The punishment for a crime can only be incurred by the person who directly committed it. That is, transferring responsibility to other people is prohibited.
- The prosecution is allowed only on the basis of proven guilt and the relevant decision of the court. Some scholars emphasize this thesis as a separate principle of the foundation of criminal liability in criminal law.
Failure to comply with the provisions on justice and personal guilt is a gross violation, since there is a great risk of holding a person not involved in the commission of a crime liable.
The humanism of criminal law relations
The democracy of social contacts in our country, as well as the penetration into the legislation of some European trends, gives rise to unique principles. One of these is humanism. On the basis of this category many legal relations are built, including criminal liability. At the same time, the humanism of the region mentioned in the article is manifested in two ways:
- Firstly, the criminal law protects the fundamental freedoms of a person, because each individual and his life are the highest state value.
- Secondly, it is necessary to treat criminals humanely, because they are also people. Moreover, restriction of their rights to a commensurate degree of the crime committed is allowed.
Conclusion
So, we tried to find out by what principle liability is determined by criminal law. In conclusion, we can conclude that this institution of the relevant industry is implemented through a whole system of initial provisions that ensure its legitimacy and humanity.