Criminal Liability as a Legal Fact-State
( Pp. 48-54)
More about authors
Yatselenko Boris V.
Dr. Sci. (Law), Professor; Head, Department of Criminal Law and Criminology, . IstinaResearcherID (IRID): 7073994
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russian Federation
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russian Federation
Abstract:
The article examines the nature of criminal liability in the context of its doctrinal interpretation and normative regulation with an emphasis on the time frame of its social and legal existence. Scientific comprehension of the stated problem pursued the goal of expanding the extensive fundamental knowledge about the essence, element composition and forms of implementation of criminal liability already achieved by criminal law thought. Within the framework of the set objectives of the study, through a systematic, functional and logical-legal analysis, the author reveals the continuing nature of criminal liability as a legal fact – the state in which a person found guilty of committing a crime is, undergoing a measure of state coercion applied to him from the moment of conviction (conviction) to the moment of annulment of the conviction. The conclusion is substantiated about the expediency of improving the legislative regulation of the norm of Article 86 of the Criminal Code of the Russian Federation in order to clarify the time limits of the criminal law existence of criminal liability.
How to Cite:
Yatselenko B.V. Criminal Liability as a Legal Fact-State. Lobbying in the Legislative Process. 2025. Vol. 4. No. 1. Pр. 48–54. (In Rus.). DOI: 10.33693/2782-7372-2025-4-1-48-54. EDN: KKVOEN
Reference list:
Lopashenko N.A. Reflections on criminal law. Criminal law. Criminal liability. Criminal policy. Author’s course. Monograph. Moscow: Yurlitinform, 2019. P. 148.
Alekseev S.S. General theory of law. In 2 vols. Vol. II. Moscow: Legal Literature, 1982. Pp. 177–178.
Santalov A.I. Theoretical issues of criminal responsibility. Leningrad: Leningrad University Press, 1982. P. 17.
Ogurtsov N.A. Legal relations and responsibility in Soviet criminal law. Textbook. Ryazan: Ryazan Higher School of the Ministry of Internal Affairs of the USSR, 1976. P. 166.
Naumov A.V. Russian criminal law. General part. Course of lectures. 7th ed., rev. and suppl. Moscow: Prospekt, 2024. P. 447.
Filchenko A.P. Emergence, mitigation and termination of criminal liability (problems of sectoral and intersectoral coordination). Moscow: Yurlitinform, 2014. Pp. 25–27.
Ivanov N.G. Criminal law of Russia. General and Special Parts. Textbook for higher educational institutions. Moscow: Ekzamen, 2003. P. 93.
Zvecharovsky I.E. Criminal law of Russia: Course of the General Part, in many respects the effectiveness of the Provisions of its Part. Textbook. Moscow: Prospekt, 2024. P. 334.
Maltsev G.V. Social foundations of law. Moscow: Norma, 2007. P. 529.
Alekseev S.S. General theory of law. In 2 vols. Vol. II. Moscow: Legal Literature, 1982. Pp. 177–178.
Santalov A.I. Theoretical issues of criminal responsibility. Leningrad: Leningrad University Press, 1982. P. 17.
Ogurtsov N.A. Legal relations and responsibility in Soviet criminal law. Textbook. Ryazan: Ryazan Higher School of the Ministry of Internal Affairs of the USSR, 1976. P. 166.
Naumov A.V. Russian criminal law. General part. Course of lectures. 7th ed., rev. and suppl. Moscow: Prospekt, 2024. P. 447.
Filchenko A.P. Emergence, mitigation and termination of criminal liability (problems of sectoral and intersectoral coordination). Moscow: Yurlitinform, 2014. Pp. 25–27.
Ivanov N.G. Criminal law of Russia. General and Special Parts. Textbook for higher educational institutions. Moscow: Ekzamen, 2003. P. 93.
Zvecharovsky I.E. Criminal law of Russia: Course of the General Part, in many respects the effectiveness of the Provisions of its Part. Textbook. Moscow: Prospekt, 2024. P. 334.
Maltsev G.V. Social foundations of law. Moscow: Norma, 2007. P. 529.
Keywords:
crime, criminal liability, criminal law relationship, legal fact, punishment, Criminal record.
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