To the question of dispositions of articles of a Special part of rhe Criminal code of the Russian Federation


Issue: №3 (63) 2020

Heading: Topical issues of public law


Keywords: criminal law, legislative technique, structure of the law, Special part of the Criminal Code (Special Section of the Criminal Code), article, disposition.


The article investigates the structural element of the article of the Special Part of the Criminal Code of the Russian Federation – disposition. The question is raised about the ratio of the disposition of the article, the disposition of the norm and the corpus delicti. Attention is paid to the ideas exiting in the modern doctrine of criminal law on the disposition of an article of the criminal law, its types, structure. Attention is drawn to simple, descriptive, blank, reference dispositions, as well as to the features of their use. Abstract, casuistic techniques of presentation of normative material are investigated. The advantages and disadvantages of the use of these or those methods by the legislator, as well as the influence of the method of presentation of the disposition on the limits of judicial discretion when applying the articles are indicated. The article draws attention to the trends characteristic of the modern legislator.