RIGHTS AND OBLIGATIONS OF THE STATE AS A PARTICIPANT OF CRIMINAL LAW RELATIONS
RIGHTS AND OBLIGATIONS OF THE STATE AS A PARTICIPANT OF CRIMINAL LAW RELATIONS
Blog Article
Subject of study.The actual task of criminal law science at the present stage is to concretize the legal status of participants in criminal law relations, and first of all, the legal status of the state, as a subject indued with the authority to form and apply criminal law prohibitions.Despite the fact that a lot of scientific works are devoted to the problem of the criminal-legal status of the state, this issue still remains insufficiently studied.As a rule, it is presented in science as an exclusively theoretical problem.
However, today it is necessary to identify the existence of serious normative grounds for the status of the state, the formation and development of which can be considered as part of the process of constitutionalization of criminal law.The purpose of the study is to generalize and systematize the vast experience of the constitutional and legal understanding of the powers of the state in the field of criminal law relations, reflected in the practice of the Constitutional Court of the Russian Federation, as well as in the presentation on this basis of the normative foundations of the criminal legal status of the state.Methodology.In modern conditions of diversification of methodological approaches to the organization of legal research, it is important to rethink and re-discover the epistemological possibilities of the methods of classical legal science, among which a special place is occupied by documentary analysis and generalization of judicial practice.
Research results.Specific rights, duties and responsibilities of the state as a subject of criminal law relations are textually defined in the Constitution of the Russian Federation incompletely, abstractly and implicitly.In general, it can be stated that the obligations of the state in the field of criminal law relations are to a greater extent the result of the interpretation of the text of the Constitution, navy drapery fabric rather than directly established in it.The generalization of the legal positions of the Constitutional Court of the Russian Federation made it possible to present the following system of powers of the state in the field of criminal law.
1) The authority to maintain order and establish criminal law prohibitions (the obligation to take such necessary and sufficient measures to protect public safety, morality, health, rights and legitimate interests of citizens, which would minimize the consequences of socially dangerous encroachments, would lead to a reduction in the number of their victims, prevention of criminal encroachments on the rights and interests of click here the individual; the right to establish and change criminal law prohibitions in cases where the measures provided for by the criminal law cease to correspond to social realities, leading to a weakening of the protection of constitutionally significant values or, on the contrary, to the excessive use of state coercion, etc.) ; 2) The rights and obligations of state bodies to implement the status of the state in criminal law relations (the obligation of the investigating authorities to carry out criminal prosecution, the obligation of the prosecutor to appeal on cassation every unlawful or unreasonable sentence, the obligation to provide everyone with the opportunity to familiarize themselves with documents and materials directly affecting his rights and freedom, etc.); 3) Obligations of the state in relation to the person who committed a crime and the victim (to ensure that everyone has his case examined by at least two courts, to guarantee the victim access to justice; to assist the rehabilitated person in protecting his rights and legitimate interests, etc.).
This list of rights and obligations of the state cannot be considered exhaustive.The legal status of the state in criminal law relations is a developing category, and its general outlines are clarified and concretized as the law develops and the legal dominant in the functioning of the state is established.Conclusion.The normative status of the state in criminal law relations is determined by their relative rather than absolute nature, including not only exclusive rights, but also; at the same time, duties and responsibilities.
Such a status should be perceived as a developing category, the general outlines of which are refined as the law develops and the legal dominance is established in the functioning of the state.