Грачёва Ю.В. Применение уголовно- правовых норм и квалификация преступления: характеристика и соотношение

Аннотация: Observance, utilization and discharge as forms of the immediate realization of the criminal law norms take place because there is not a need of a state intervention in the factual behavior in the real life’s situations with purpose of securing or organizing of the realization of the personal rights and duties: the persons should only act observing some norms stated by criminal law. But often it is impossible to realize legal norms in full without intervening in this process of the state bodies, i.e. without use of legal norms. Such use may be in forms of deciding a question about criminal nature of the act and passing the necessary decision. Use of criminal law norms distinguished from its observance, utilization and discharge has some features which represent its content, nature, interior structure, purpose, circle of persons and form. Criminal law norms are used for deciding the question about the criminal liability in any aspect of this notion (have we a basis for the criminal liability or not, for discharge from the criminal liability or the punishment, for sentencing or the application of other criminal law measures, etc.) and in some other cases (i.e. art. 14-2, 21, 30-2, 97, 100–102 of the Criminal Code). Use of criminal law norms is rendering of the concrete decision by the competent bodies in the prescribed procedure form about the criminal liability in course of the protectoral criminal law relationships or about any other question in course of the regulatory criminal law relationships (i.e. art. 14-2, 21, 30-2, 97, 100–102 of the Criminal Code). Use of law is a facultative stage of the criminal law regulation and takes place when persons breach the regulatory legal norms in course of the realization of the law. Use of law takes place after appearing of the negative facts, i.e. committing usually a social dangerous act. There are often used the protectoral norms but in some cases there may be used some regulatory criminal law norms. If the regulatory norm is used then the process of norm’s use does not include the stage of the qualification of crime. Discretion is not a necessary sign of use of criminal law norms but is a characteristic sign of it.

Ключевые слова:

Abstract: Observance, utilization and discharge as forms of the immediate realization of the criminal law norms take place because there is not a need of a state intervention in the factual behavior in the real life’s situations with purpose of securing or organizing of the realization of the personal rights and duties: the persons should only act observing some norms stated by criminal law. But often it is impossible to realize legal norms in full without intervening in this process of the state bodies, i.e. without use of legal norms. Such use may be in forms of deciding a question about criminal nature of the act and passing the necessary decision. Use of criminal law norms distinguished from its observance, utilization and discharge has some features which represent its content, nature, interior structure, purpose, circle of persons and form. Criminal law norms are used for deciding the question about the criminal liability in any aspect of this notion (have we a basis for the criminal liability or not, for discharge from the criminal liability or the punishment, for sentencing or the application of other criminal law measures, etc.) and in some other cases (i.e. art. 14-2, 21, 30-2, 97, 100–102 of the Criminal Code). Use of criminal law norms is rendering of the concrete decision by the competent bodies in the prescribed procedure form about the criminal liability in course of the protectoral criminal law relationships or about any other question in course of the regulatory criminal law relationships (i.e. art. 14-2, 21, 30-2, 97, 100–102 of the Criminal Code). Use of law is a facultative stage of the criminal law regulation and takes place when persons breach the regulatory legal norms in course of the realization of the law. Use of law takes place after appearing of the negative facts, i.e. committing usually a social dangerous act. There are often used the protectoral norms but in some cases there may be used some regulatory criminal law norms. If the regulatory norm is used then the process of norm’s use does not include the stage of the qualification of crime. Discretion is not a necessary sign of use of criminal law norms but is a characteristic sign of it.

Keywords: