Dispositivity in the Criminal Law: Some Theoretical and Applied Aspects
Journal Title: Annals of Bioethics & Clinical Applications - Year 2020, Vol 3, Issue 3
Abstract
Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in Criminal law, and explore its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology we can speak of dispositivity in the Russian criminal law, since there are no «pure» or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also examines such manifestations of dispositivity in the Russian criminal law as self-defense, detention of the offender, a reasonable risk, reconciliation, prosecution at the request of a commercial organization or with its consent, the consent of a person to commit action which can present a risk of HIV infection, the consent of the victim to enter into marriage with the defendant.
Authors and Affiliations
Sumachev AV*
Keywords
Related Articles
- EP ID EP745183
- DOI 10.23880/abca-16000124
- Views 30
- Downloads 0
The Philosopher Pamplekis (1733-1793): The First Witness of Free Thought
Christodoulos Pamplekis was born in 1733 in the village of Babini, Etoloakarnania and was the son of Efstathios. He learned the first letters in his village, probably in the Monastery of Agios Georgios, which was a great...
Tax Advisors and Professional Secrecy in Directive 2011/16/EU of the Council of February 15, 2011
This article makes a modest and succinct exposition over the situation of tax advisers with the tax administration and their clients in the European Union, referring to professional secrecy as an essential basis of trust...
The Pandemic Crisis: Time for Digitization of Higher Education in Tunisia
Our article highlights the negative impacts of Covid-19 on higher education in Tunisia. The future is uncertain for everyone, especially students who face a world paralyzed by the pandemic. Based on a qualitative study b...
Ethical Ideas of the Ancient World
This article deals with the philosophical and moral ideas of scientists of the ancient world, which are the foundation, sources of the science and morality. Scientific Method and Methodology: This theme was studied on t...
Ethical Principles on the Freedom of Speech and Expression in the Developed and Developing Countries
The First Amendment to the United States Constitution is an essential part of the Bill of Rights. The amendment prohibits making of any law respecting an establishment of religion, obstructing the free exercise of religi...