Ғылымдар бойынша ХХV республикалық студенттік ғылыми конференциясының
жүктеу/скачать 5.25 Mb. Pdf көрінісі
|
- Бұл бет үшін навигация:
- CRIMINAL LAW AND PRESENT Абдумустафа Г. Е.
|
Пайдаланылған әдебиеттер тізімі: 1.Қазақ әдебиеті. Энциклопедиялық анықтамалық. — Алматы: «Аруна Ltd.» ЖШС, 2010 жыл 2.Қарағанды. Қарағанды облысы: Энциклопедия. - Алматы: Атамұра, 2006. 3.Даланың дара ділмарлары.-Алматы: ЖШС "Қазақстан" баспа үйі", 2001, УДК343 CRIMINAL LAW AND PRESENT Абдумустафа Г. Е. – студент группы ЮМ 20-1р2. Нурымбетова А. А. –преподаватель. In article it is investigated theoretical problems of definition of criminal law, its subject is considered, the method and social conditionality is defined. The concept of criminal law. The etymology of the concept of "criminal law", despite the attempts made, scientists have not been able to reveal. There are various hypotheses explaining the origin of this phrase. In particular, "criminal" in combination with "law".According to one of the hypotheses, the word "criminal" is associated with the word "head", which means "to kill" in the Old Russian language.A similar explanation is contained in the Latin language, in which "penal" means "head" and "criminal". A study of the legal positions of modern scientists has shown that they formulate the concept of criminal law in different ways in scientific, educational and special literature: as a set of criminal law norms - generally binding rules of conduct established by the state, addressed to an indefinite circle of persons, designed for repeated application and provided in cases of necessity by the coercive force of the state, regulating relations included in the subject of criminal law, by its inherent method; a system of legal norms that establish the objectives of criminal law, the grounds and principles of criminal liability, determining the range of crimes, as well as the types of punishments and other measures of a criminal law nature to be applied to persons found guilty of committing them; a set of legal norms established by the highest state authorities that determine the criminality and punishability of an act, the grounds for criminal liability, the purpose of punishment and the system of punishments, the general principles and conditions for their appointment, as well as exemption from criminal liability and punishment; "an independent branch of a unified legal system, which is a set of homogeneous norms of the highest body of state power, which contain a description of the signs that allow the law enforcer to recognize an act as a crime, and determine the grounds and limits of criminal liability, as well as the conditions for exemption from criminal liability and punishment" The given examples with the definition of criminal law show that they differ in features, coverage of the essential features of their concretization, volume. As you can see, the wording includes both a wide and a narrow list of features, in particular: an indication of criminal law relations, criminal legislation, the establishment of legal norms by the highest bodies of state power, the nature of the connection between a crime and criminal liability, a set of legal norms about a crime and punishment As already noted, at present the concept under study is used in four meanings: criminal law as a branch of law; as a branch of legislation; like science; as an academic discipline.In the first sense, criminal law is an independent branch of law that has its own subject, method, codification and includes criminal legislation, criminal law relations. In the second sense, criminal law is a branch of legislation that includes a certain system of norms, characterized by the relationship, interdependence of its constituent parts, which has a single internal structure.In the third sense, criminal law as a science is a system of criminal law views, ideas, ideas about criminal law, its social conditionality, patterns and trends in evolution and improvement, focused on further deepening and development of knowledge, justifications and principles of criminal liability, crimes and punishments, criminal legislation of foreign countries and international criminal law.In the fourth meaning, criminal law as an academic discipline is an independent academic course taught in law schools and faculties, specialized educational institutions on the basis of the current criminal legislation and law enforcement practice, taking into account the paradigms developed by criminal law science. The concept of the subject of criminal law. Criminal law, being an independent branch of law, has its own subject, which is understood as something that opposes criminal law, that is subject to legal regulation. The concept of the subject is used 117 mainly in criminal law, however, there has not been a consensus on this issue, and it is one of the theoretical and debatable ones. At the same time, a correct understanding of criminal law will allow solving not only theoretical, but also practical problems. In pre-revolutionary legal literature, crimes and punishments were recognized as legal institutions as the subject of criminal law. In foreign literature, there are opinions that criminal law does not have its own subject, it only protects relations regulated by other branches of law. In particular, Zh.Zh. Rousseau wrote that criminal law is only a sanction for other branches of law. жүктеу/скачать 5.25 Mb. Достарыңызбен бөлісу:
|