Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Improvement of the Constructive Implementation of the Criminal Law Provisions’ Punitive Part of the Criminal Code as one of the Areas of Combating Crime

Author(s): Sergey A Polyakov

Criminally-legal regulation is a process and the result of social relations’ regulation, disorganized by the fact of the commission of a criminal or outwardly similar to it deed. In terms of its functional nature, such regulation is nothing more than a specific impact on the consciousness, will, feelings and behaviour of subjects caught up in the sphere of criminal law politics. The structure of the said impact is not only criminal liability, but also exemption from criminal responsibility and punishment, compulsory medical and educational measures, compulsory treatment, encouragement for efforts aimed at protecting the individual, society and the state by malefactor causing harm. These measures of a criminal-legal nature find their external expression in the corresponding criminal-legal norm. In the legal literature, as is known, there is no unity of opinion as to the definition of its structural elements. Moreover, this issue remains controversial in the general theory of law. The purpose of this article is to analyse the doctrinal points of view concerning the structural elements of the criminal law norm and formulate its own generalizing conclusions on its basis.