In:
Pravosudie / Justice, Russian State University of Justice, Vol. 2, No. 2 ( 2020-06-11), p. 170-194
Abstract:
Introduction. The constitutionalization of criminal law, assuming the proper implementation in the theory and practice of criminal law regulation of constitutional principles and values, is a conscious, controlled process that has a strictly defined group of entities with their respective roles. Internally, the complex issue of the subjects of constitutionalization of criminal law has not yet been scientifically considered, which makes addressing the problem significant and timely. Theoretical Basis. Methods. The study is based on two major theoretical concepts developed by domestic experts: the theory of constitutionalization of the branches of law and the theory of systemic relations of criminal law. The methods of systems analysis, the method of constitutional examination, the analytical method, modelling and forecasting – all were used in this work. Results. The constitutionalization of criminal law presupposes the coordinated work of all state bodies to translate constitutional norms and principles into criminal law and practice. Moreover, each of the subjects of constitutionalization fulfills its functional role in this process. The institutional constitutionalization mechanism of criminal law, which is considered from an institutional point of view, includes: conducting a legal (including conformity with the Constitution of the Russian Federation) examination of draft criminal laws in the State Duma; conducting a legal examination of adopted criminal laws in the Federation Council, and interpreting criminal laws on the subject their compliance with the Constitution of the Russian Federation by courts of general jurisdiction; a ban on the application of criminal laws that are doubtful from the point of view of the court; an appeal to the Constitutional Court with a request for constitutional assessment; verification of the constitutionality of the criminal law in the Constitutional Court of the Russian Federation, and the execution of its decisions by the legislator and enforcer. Discussion and Conclusion. Understanding the subjects of constitutionalization of criminal law and their powers enables us to identify weaknesses in the organization of this process, and to outline ways of optimising it. Among them, of particular importance are the conduct of a constitutional examination of draft laws on criminal liability, systematization of the legal positions of the Constitutional Court of the Russian Federation on criminal law issues, and the formation of a constitutional and legal awareness of the law enforcement.
Type of Medium:
Online Resource
ISSN:
2686-9241
,
2686-8377
DOI:
10.37399/issn2686-9241.2020.2
DOI:
10.37399/issn2686-9241.2020.2.170-194
Language:
Unknown
Publisher:
Russian State University of Justice
Publication Date:
2020
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