Грачёва Ю.В. Виды уголовных правоотношений

Аннотация: Regulating criminal matters appear and function only on the basis of rules of criminal law. No criminal matter can be originated without the relative legal rule. Regulating criminal matters are the implementation of regulating legal rules. Legal matter is a rule of law at work. The final objectives of those, basically, are the same: they are intended to regulate one or another public matter and to coordinate interrelation of the relative physical and juridical persons. Rule or law and legal matter are the constituent parts (elements) of a single mechanism of legal regulation and perform some common functions within this mechanism besides their own functions. The said mechanism will not be able to operate without these main elements. Depending on the peculiar features of legal circumstances or juridical facts the criminal matters are divided into regulating and protective. Legal impact is exercised on the so called common relations within the frame of regulatory criminal matters and on relations occurred as a result of violation of the standard course of development of common relations within the frame of protective criminal matters. So that regulating criminal matters occur, the following juridical (special) preconditions shall be available: a) criminal law rule that has come into force and is still valid; b) a person that is sane and of age of criminal discretion and supplementary condition. Collectively these juridical preconditions form complex facts (or juridical set of facts) giving rise to regulatory criminal matters. The first two conditions are mandatory, i.e., no origination of regulating criminal matter is feasible without availability of these conditions; the other ones relative to special characteristic features of subject of law or to optional characteristic features of object of law are supplementary. Commission of crime by a person is the juridical fact giving rise to protective criminal matter. Different substantive aspects of criminal responsibility are the content of protective criminal matters regulated by the rules of criminal law. Such substantive aspects are connected both with the occurrence of crime and with the imposition of penalty, its changing, impunity and relief from criminal responsibility implemented by means of criminal procedure matters and criminal correction matters.

Abstract: Regulating criminal matters appear and function only on the basis of rules of criminal law. No criminal matter can be originated without the relative legal rule. Regulating criminal matters are the implementation of regulating legal rules. Legal matter is a rule of law at work. The final objectives of those, basically, are the same: they are intended to regulate one or another public matter and to coordinate interrelation of the relative physical and juridical persons. Rule or law and legal matter are the constituent parts (elements) of a single mechanism of legal regulation and perform some common functions within this mechanism besides their own functions. The said mechanism will not be able to operate without these main elements. Depending on the peculiar features of legal circumstances or juridical facts the criminal matters are divided into regulating and protective. Legal impact is exercised on the so called common relations within the frame of regulatory criminal matters and on relations occurred as a result of violation of the standard course of development of common relations within the frame of protective criminal matters. So that regulating criminal matters occur, the following juridical (special) preconditions shall be available: a) criminal law rule that has come into force and is still valid; b) a person that is sane and of age of criminal discretion and supplementary condition. Collectively these juridical preconditions form complex facts (or juridical set of facts) giving rise to regulatory criminal matters. The first two conditions are mandatory, i.e., no origination of regulating criminal matter is feasible without availability of these conditions; the other ones relative to special characteristic features of subject of law or to optional characteristic features of object of law are supplementary. Commission of crime by a person is the juridical fact giving rise to protective criminal matter. Different substantive aspects of criminal responsibility are the content of protective criminal matters regulated by the rules of criminal law. Such substantive aspects are connected both with the occurrence of crime and with the imposition of penalty, its changing, impunity and relief from criminal responsibility implemented by means of criminal procedure matters and criminal correction matters.