Principles of criminal law. The concept of criminal law.

Criminal law is a legal independent institution of law, which is part of the system of law. From other industries, criminal law is an excellent subject, that is, a field of social relations that regulate the norms specified in the regulatory and legal acts of the Russian Federation. Recently, in the legal science, it is increasingly possible to hear the opinions of researchers in the field of law who claim that criminal law does not have an inherent subject of legal regulation, since the sphere of relations is regulated by branch legal norms, for example, administrative, state or civil. As for the considered branch of law and the basic principles of criminal law in the Russian Federation, the above specialists give him only a protective function, stating that the criminal law is a way of providing the remaining branches.

Adhering to the classical understanding of the considered branch of law as an individual unit, it should be noted that the industry has the principles of the criminal law of the Russian Federation. So, to the principles of criminal law in the general classification include those fundamental principles on which, in fact, all the normative norms that regulate this area of social relations are built. The functions and fundamental principles of criminal law have a specific content that has a certain classification of a very ambiguous sense.

The principles of criminal law in the Russian Federation are divided into general, which are inherent in the whole system of law and, as a consequence, the considered branch of law and on the principles of the criminal law of industry. Fundamental principles of criminal law for a specific purpose reveal the peculiarities of the legal regulation of this branch of law. Again, by analogy with the subject of legal regulation, there is an opinion expressed in the fact that there is no need to allocate sectoral principles, since the common principles act through industry principles. Thus, branch principles are not visible through the prism of common. Nevertheless, the principles of criminal law are legislated in the Criminal Code of the Russian Federation. These include the principle of legality, the definition of the equality of all individuals in society before the law, the guilt of a citizen, the principle of humanism and the principle of justice. The significance of each of these fundamental principles is also formulated in a fairly clear manner in the Criminal Code. The main functions of criminal law, on the principles of which the entire industry is built, can be classified as precautionary and protective. Criminal legislation as a whole has a specific purpose that is clearly defined in the law - it is the protection of the rights and freedoms of an individual in society, as well as the protection of private property of a citizen and the protection of public order. In addition, the protection of the constitutional order of our country, the environment and those important social institutions, without which the state simply can not exist as a system of state authorities and government. These functional tasks and the principles of criminal law are directly enshrined in the law, but the means of solving these problems is the definition of the grounds and principles of responsibility that arises in the field of criminal law, in addition, the definition of the range of crimes. In addition, to the means of solving the assigned tasks, it is necessary to add and establish types of punishment and other punishments of a criminal-legal nature. With regard to the preventive task of the considered branch of law, it is solved by psychological influence on the consciousness of a citizen who does not violate the rights of other persons, is law-abiding. In addition, there is an impact on the consciousness of those individuals in society who admit different types of deviant behavior.