Criminal law norm in the Russian Federation: concept and structure

Any legal norm contains certain guidelines for human action, which are mandatory.
At the same time, the norms of criminal law do not simply set out instructions, but a categorical prohibition on any actions, deeds or inactions. The source of strict rules is the state; compliance with these orders is mandatory for all citizens and guests of the country. The criminal law norm in all its forms is contained in the legislative act ─ the Criminal Code of the Russian Federation. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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Examples of hypothesis in law

Let us highlight examples of hypothesis, disposition and sanctions in Art. 105, 106 of the Criminal Code of the Russian Federation. Murder, in other words, causing the death of another person intentionally, is usually punishable by imprisonment. The term ranges from 8 to 20 years. The category of murder may contain the following components (circumstances):

It is important to note that in almost all articles of Special. parts of the Criminal Code, in particular, in the given articles 105 and 106 examples of legal hypothesis and disposition are merged. They cannot be separated. The concept of murder of two or more persons, as well as murder carried out with particular cruelty - these categories represent both a disposition and a hypothesis. The exception is Art. 331 of the Criminal Code of the Russian Federation. It is not divided into disposition and hypothesis, since it contains the concept of offenses, crimes against military service. Thus, in the above articles it is almost impossible to distinguish disposition and hypothesis. By sanction it is necessary to understand the measure of punishment provided for in these articles.

Notes of a Russian traveler

Many legal scholars believe that the criminal law or its article acts as a form of expression for the norms of criminal law, that is, the law is the form, and the norm is its content [2, p. Currently, some researchers consider this statement to be unfounded, since content and form are categories that characterize different facets of the same phenomena, from which it follows that the criminal law norm and the article of the law have their own content and form [3, p.

Criminal law norm in the Russian Federation: concept and structure

For example, B. There is a point of view that there is a hypothesis in the norms of the Criminal Code, but it is the same for all norms of the Special Part of the Criminal Code and it follows from the provisions of the General Part. Komissarov supports these views and points out that the hypothesis of the norms of the Special Part of the Criminal Code of the Russian Federation is expressed in Part. Sumachev also argues that in the criminal law norm there are three interrelated elements: hypothesis, disposition and sanction. At the same time, the hypothesis of a criminal law norm is complex in its structure and is contained in the articles of the General Part of the Criminal Code of the Russian Federation and cannot be uniform for all norms, because the age of criminal responsibility, the conditions for the legality of the necessary defense vary depending on the nature of the attack, etc.

Jurisprudence for Dummies – 5

But those rules that are contained in the laws created by the state are directly addressed to people. And although the rule of law may not directly say who should act and how, it somehow corrects people’s behavior. For example, if a rule of law says that theft is punished in such and such a way, it actually commands people to behave in a certain way, namely, not to commit theft.

Other people or organizations urgently need to buy something, but at the moment there is no money. They are willing to pay even more than the product costs now, but later. On the other hand, there are banks that are ready to give them this money now in order to get more from them later. the institution of credit appears in law

. It is regulated by Chapter 42 of the Civil Code of the Russian Federation “Loan and Credit”, a number of provisions of the Federal Law “On Banks and Banking Activities” and many other sources.

A hypothesis in criminal law is an example

Types of dispositions of norms of criminal law (rules of conduct), based on the provisions of articles of the Criminal Code, are divided into: The concepts of types of dispositions in criminal law exist such as: Types of dispositions in criminal law with examples will be discussed below for a better and more complete understanding of these concepts.

The legal system consists of branches of law, each of which regulates some sphere of social life (or, in scientific language, certain social relations). Examples of branches of law are constitutional law, civil law, criminal law, etc. Branches of law, in turn, consist of legal institutions, each of which regulates a specific situation or phenomenon.

Concept of hypothesis

A hypothesis must be understood as a component of a legal norm that reveals the circumstances in the absence or presence of which this article takes place. In other words, indications of certain life conditions in accordance with which it is valid are relevant.

When considering an example of a hypothesis, it is important to note that it does not exist in criminal law. Thus, the category is replaced by the provision of Article 8 of the Criminal Code in force in the Russian Federation, entitled “Grounds of criminal liability”. The cause of liability is the commission of an act that contains all the characteristics of a criminal operation provided for by this Code.

Hypothesis of the norm of criminal law

Consequently, in the hypotheses of the articles of the Special Part of the Criminal! legislation, when describing a crime from the point of view of legal technology, it is actually possible to do without the sign of public danger. The mention of the latter in some of our articles is explained, apparently, only by the desire of the legislator to reflect the need for an informal approach to cases when the offensive! criminal liability is essentially associated with the commission of not! any action (inaction), most often - violation of the definition | certain rules, but only those that are truly harmful. J

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Firstly, in the hypothesis of the norm of criminal law there are always signs, and negative ones, of the social danger of an act. The hypothesis of the article of the Special Part of the Criminal Legislation sometimes indicates positive signs of public danger, but, in essence, this should never be done. The corpus delicti only reflects the social danger of the act.

Article 105 of the Criminal Code of the Russian Federation defines the hypothesis, disposition, sanctions

In modern legal literature, a rule of law is understood as a generally binding, formally defined rule of behavior, established and enforced by society and the state, enshrined and published in official acts, aimed at regulating social relations by defining the rights and obligations of their participants. It determines the boundaries of possible or proper behavior of people, the measure of their internal and external freedom in specific relationships. The rule of law provides for the freedom of participants in regulated social relations in a twofold sense:

The empirical basis of the study was made up of data obtained as a result of the analysis and generalization of 463 sentences against those convicted of crimes against life, health and other violence against the person, considered by the courts of the Krasnodar Territory. For this category of criminal cases, the officially published practice of the Supreme Court of the RSFSR and the Russian Federation for the period from 1990 to 2000 was analyzed. We studied statistical data on the types and amounts of punishment applied by the courts for crimes against life and health, as well as those related to violence in crimes with double guilt.

A simple hypothesis in the Criminal Code of the Russian Federation

The hypothesis indicates specific conditions in the presence (or absence) of which this rule should be applied. A hypothesis allows you to correlate a certain abstract behavioral model with a specific situation, place and time, or a specific subject. The disposition contains the rule of proper behavior, which must be followed by all subjects participating in the legal relationship.

Some authors believe that the articles of the General Part of the Criminal Code are, as it were, a hypothesis for each and every article of the special part of the Criminal Code. The disposition is the part of the article that states the name or gives a description of the crime. A sanction is a part of an article that indicates the type and amount of punishment for the crime committed. Dispositions, in turn, are divided according to the degree of certainty into: - simple - naming crimes (Article 180.

1. a criminal law norm is contained in one article of the law or one article of the Criminal Code contains one rule of law. An example is Art. 109 of the Criminal Code of the Russian Federation, which contains one rule on causing death by negligence;
2. The criminal law norm is formulated in several articles of the Criminal Code. For example, the rule on murder is formulated by the legislator in four articles of the Criminal Code of the Russian Federation - 105, 106, 107, 108;
3. one article of the Criminal Code may contain two or more criminal law provisions. Yes, Art. 204 “Commercial bribery” of the Criminal Code of the Russian Federation simultaneously contains a rule on the illegal transfer of a bribe and the illegal receipt of a bribe by officials of commercial and other non-governmental organizations.

3) A criminal legal norm consists of a hypothesis, a disposition and a sanction: the hypothesis contains the conditions for the operation of the norm, the disposition establishes a rule of behavior, and the sanction establishes measures of responsibility for violating the norm; the norms of the General Part can also consist only of a hypothesis and a disposition, and even only of a disposition (norm-definition).

A reference is a disposition that, in order to establish signs of a crime in the interests of eliminating repetitions, refers to another article or part of an article of the Criminal Code. So, in Art. 112 of the Criminal Code of the Russian Federation, which establishes liability for the intentional infliction of moderate harm to health, states that it is not dangerous to human life and does not entail the consequences specified in Art. 111 of the Criminal Code. In Part 2 of Art. 111 of the Criminal Code provides for liability for intentional infliction of grievous bodily harm in the presence of circumstances qualifying this crime. At the same time, references are made to Part 1 of the same article, which defines the signs of serious harm to health.

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A simple disposition names a crime without revealing its characteristics. It is used in cases where the meaning of the crime is clear enough in general terms without its description, or, conversely, its description is complex and cumbersome. A simple disposition, for example, is given in Art. 211 of the Criminal Code of the Russian Federation - hijacking a ship. What should be understood by the hijacking of a ship is not specified in this article due to its clarity. As an example of a different kind, Art. 242 of the Criminal Code of the Russian Federation, which establishes liability for the illegal distribution of pornographic materials or objects. There is no single and clear opinion regarding the concept of “pornography”, as a result of which it is included in Art. 242 of the Criminal Code of the Russian Federation has not been deciphered, despite the fact that in practice this causes great difficulties. But the concept of “prostitution den” is understandable, but requires a verbose description, and therefore it is not included in the disposition of Art. 241 of the Criminal Code of the Russian Federation.

Structure of the rule of law

A rule of law is a generally binding, formally defined rule of behavior guaranteed by the state. The structure of a legal norm is the internal structure of the norm, the presence of interrelated elements in it.

Components of a rule of law

The legal norm consists of three parts :

• hypothesis;
• disposition;
• sanction.

Hypothesis

A hypothesis (condition, assumption) is an element of a rule of law that indicates the conditions of its action and application, determined by establishing legal facts.

A hypothesis often indicates that a person belongs to the citizenship of a particular state, whether the person has reached a certain age, his sanity, the timing of the rule of law coming into force, etc. So, for example, in criminal law, the general characteristics of the subject of the crime act as conditions for bringing to responsibility: the corresponding age and sanity.

Dispositions are classified on several grounds.

By way of description

Simple dispositions contain an indication of the committed act without describing its characteristics due to its obviousness.

For example, paragraph 1 of Art. 269 ​​of the Civil Code of the Russian Federation states: “A person to whom a land plot is granted for permanent use shall own and use this land plot...”.

Descriptive (complex) dispositions list all the signs of legal or illegal behavior.

As an example, consider Art. 249 of the Civil Code of the Russian Federation, which states that “Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation.”

Reference dispositions do not contain a description of the characteristics of the act, but refer to another norm of the same normative act.

So, for example, when characterizing a qualified crime in criminal law, the legislator refers to the signs specified in Part 1 of the criminal law norm.

Blanket dispositions refer to another normative act or indicate the illegality of actions and refer the law enforcement officer to the relevant law.

For example, responsibility for the destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (Article 259 of the Criminal Code of the Russian Federation).

Legally

• Representative-binding dispositions contain two-way rules of conduct. For example, lender and borrower, tenant and lessor, etc.;
• binding dispositions determine the type and extent of behavior of the obligated person, for example, an employer or employee in accordance with the terms of the employment contract;
• empowering dispositions indicate the type and extent of possible behavior, for example, of a voter;
• recommendatory dispositions explain desirable or appropriate behavior in which society and the state are interested. An example is the restriction on citizens visiting countries on tourist packages in which there is a real danger to their life and health;
• prohibitory dispositions indicate the type and extent of behavior for which legal liability is provided. For example, driving while drunk.

Sanctions

A sanction is a part of a legal norm that provides for certain consequences arising from a violation of a legal norm. In other words, a sanction means a measure of punishment or liability for non-compliance with a rule of law.

Sanctions are classified depending on the key feature.

By the nature of the consequences

• negative (unfavorable) sanctions expressed in the form of, for example, imprisonment, a fine, etc.;
• positive sanctions that provide legal incentives.

For example, bonuses to an employee for conscientious performance of his duties, parole from prison, etc.

By degree of certainty

Absolutely definite sanctions provide a clear measure of punishment.

For example, Art.

463 of the Civil Code of the Russian Federation states: “If the seller refuses to transfer the sold goods to the buyer, the buyer has the right to refuse to execute the sales contract.” This article provides for one sanction – the buyer’s refusal to withdraw from the purchase and sale transaction.

Relatively specific sanctions indicate the lower and higher limits of the coercive measure or only the upper limit. This type of sanctions is most typical for criminal law.

For example, Part 1 of Art. 105 of the Criminal Code of the Russian Federation provides for punishment for murder in the form of imprisonment for a term of six to fifteen years.

Alternative sanctions contain variations, and the court can choose any of them.

For example, in Art. 143 of the Criminal Code of the Russian Federation establishes that violation of labor protection rules is punishable by a fine, or correctional labor, or imprisonment for up to two years.

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Cumulative sanctions, allowing or obliging the application to the offender, along with the main measure of punishment, also include an additional one.

For example, part 2 of Art. 290 of the Criminal Code of the Russian Federation states: “Receiving a bribe by an official for illegal actions (inaction) is punishable by imprisonment from three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.”

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Conclusion

Each of the elements of the structure of a rule of law has its place and plays a special role, as a result of which, according to a fair judgment, without a hypothesis the norm is meaningless, without a disposition it is unthinkable, without sanction it is powerless.

Types of dispositions and sanctions

Reference disposition

requires recourse to other provisions of the criminal law. As a rule, this technique is used to prevent endless repetitions in the text of a regulatory legal act. An example of a reference disposition is that recorded in Art. 116 “Beatings” (“beatings or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code”).

In Alternative Sanctions

There are several types of punishment, which allows the court to choose the most appropriate for a given particular case. Alternative sanctions are established, for example, in Art. 182 “Knowingly false advertising” (fine, compulsory labor, arrest or imprisonment), in Art. 245 “Cruelty to animals” (fine, correctional labor or arrest).

Hypothesis sanction disposition examples from the criminal code

If a rule of law is associated with one of several conditions listed in the article of a normative legal act, then such a hypothesis is called an alternative one. For example, Art. 14 of the RF IC lists the circumstances that prevent marriage (by persons of whom at least one person is already in another registered marriage; close relatives; adoptive parents and adopted children; persons of whom at least one person has been declared incompetent by a court due to a mental disorder) By way of presentation hypotheses are divided into casuistic and abstract.

In alternative sanctions, the court or other law enforcement agency is given the opportunity to choose one of the penalties provided for by this legal norm: “...punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to six months, or arrest for a term of up to three months” (Article 116 of the Criminal Code of the Russian Federation - Battery). As an example, let’s take some simple rule of law and analyze its elements. Thus, in accordance with Russian electoral legislation, citizens of the Russian Federation who have reached the age of 18 have the right to vote; persons who interfere with the exercise of this right are brought to justice. or criminal liability.

Types of dispositions in criminal law: examples

Based on the interpretation specified in Dahl's dictionary, a hypothesis is a statement that requires proof. The hypothesis is not applied in the second (special) part of the Criminal Code of Russia, since, in this context, it represents conventions for the application of norms. As for the first (general) part of the code, article number 20 (“Age”) most widely and fully demonstrates this component of regulatory standards. That is, it shows for which acts criminal liability is applied from what specific age minimum.

The legislator can apply these types of punishments to one article, for one crime. A more complete concept will be discussed below. The sanction of the article is based on the concepts of rules of conduct, which show the relationship of the elements of the rule of law. The disposition and sanction of a criminal law norm are complementary units of its structure.

Limited rules –

these are general instructions, the limits of implementation of which are associated with certain spatial, subjective, temporal and situational factors. This type of legal norms includes: all regional norms; norms addressed to special subjects (for example, employees of certain ministries and other federal departments, military personnel).

Dispositive norms prescribe a certain type of behavior, but at the same time provide subjects with the opportunity to agree on rights and responsibilities. In cases where subjects are unable to reach an agreement, they must exercise their rights and obligations in accordance with the prescribed course of action. Dispositive norms are characteristic of civil law, which provides for the equality of subjects, their autonomy and the possibility of agreement between the parties.

1. Particular, where the characteristics are indicated in a specific form. For example, the condition for the application of criminal law related to official crimes is the presence of such a person, that is, a subject.
2. General, where non-specific general characteristics are indicated. As an example, we can consider the following case - the condition for the implementation of legal norms is the age of the person when this norm can be applied. In this situation, the norm can apply to an unlimited number of subjects.

1. Homogeneous – simple, where only one circumstance related to the operation of the norm is indicated.
2. Alternative, where there are several conditions. The peculiarity of such a hypothesis is that in the presence of any of them, the norm comes into effect.
3. Complex-composite, where the effect of the norm depends on several circumstances.
4. Complex-alternative, when the hypotheses are both alternative and complex at the same time.

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Sanctions

Disposition and sanction in criminal law are related elements. The sanction comes from the violated rules of behavior, i.e. from the disposition. Alternative sanction: one of the forms of punishment proposed by the legislator is applied. For example, article 240.1 “Receiving sexual services of a minor.” According to the sanction, the punishment here is: “compulsory work for up to 240 hours, or restriction of freedom for up to 2 years, or forced labor for up to 2 years, or imprisonment for the same period.” This represents the “either/or” principle. Of course, only the court can decide the exact amount of punishment.

Types of dispositions

In case of violation of the disposition of the article, sanctions will be applied under the same article of the Criminal Code. As a result of the complete unification of hypothesis, disposition and sanction (each of the components of the structure is a completely independent unit of a legal norm), a certain qualitative rule of behavior is formed, in this case in the criminal legislation of the country.

For example, a work entitled “Motivating the work of management employees.” The hypothesis will be the following: “We should expect that achieving the highest level of motivational sphere of management employees is closely related to maximum success in their professional activities.”

You need to know that the disposition of this norm is, first of all, to prohibit specific actions, in particular, obscene language, offensive harassment of citizens or other actions. Finally, this article also contains a direct reference to certain adverse consequences (arrest or administrative fine) that occur for the person who committed actions prohibited by law.

Hypothesis, disposition, sanction. Examples

The paradox of the modern scientific direction lies in the fact that the selection of scientific hypotheses, competing with each other according to such criteria as originality, non-standard approach, is simultaneously accompanied by tightening requirements in terms of their theoretical validity, and within the framework of already existing science. In other words, we are doomed to be in line with the cultural and historical traditions of science, established concepts of cause and effect, law, time, space, etc. The more valuable are breakthrough ideas that have the predictive power of detecting certain new patterns and properties in a certain subject area or the possibility of extrapolating them to new areas (as happened, for example, with synergetics).

The rule of law does not always coincide with the article of the law. The hypothesis contains a norm about lawful behavior, a disposition about the consequences of lawful behavior, and a sanction about punishment for non-compliance with the above, i.e.

Violation of rules for the protection of electrical networks with voltages over 1000 volts - hypothesis... shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles, on officials in the amount of one thousand to two thousand rubles; for legal entities - from ten to twenty thousand rubles. -sanction

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Examples of the Criminal Code of the Russian Federation

Here the category should be considered as an assumption about the presence of a specific type of connection between the phenomena that are subject to research, a certain regularity, a pattern of some events. Let's give an example.

A hypothesis is an element of a rule of law that indicates the conditions of its operation (time, place, subject composition, etc.), which are determined by establishing legal facts. A hypothesis is a part of a legal norm that indicates life circumstances in the presence of which certain subjects enter into relationships with each other.

Criminal legal norm: concept, structure, types

A disposition is that part of a legal norm that sets out the very rule of proper behavior. A sanction is that part of a legal norm that defines the consequences for fulfilling or not fulfilling the requirements set out in the disposition. Moreover, sanctions are not identical to punishment.

A disposition is considered blanket if it describes the signs of a criminal act indicating a violation of any rules (or the use of special concepts) that are established in normative legal acts of other branches of law. In this case, the signs of the objective side of the crime can be fully established only with the use of relevant regulations of other branches of law (for example, Part 1 of Article 264 of the Criminal Code of the Russian Federation).