ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES
The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the...
| Main Authors: | , |
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| Format: | Article |
| Language: | Russian |
| Published: |
Dostoevsky Omsk State University
2018-10-01
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| Series: | Pravoprimenenie |
| Subjects: | |
| Online Access: | https://enforcement.omsu.ru/jour/article/view/162 |
| _version_ | 1797873985296269312 |
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| author | M. V. Bavsun I. A. Beletskiy |
| author_facet | M. V. Bavsun I. A. Beletskiy |
| author_sort | M. V. Bavsun |
| collection | DOAJ |
| description | The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment. |
| first_indexed | 2024-04-10T01:24:47Z |
| format | Article |
| id | doaj.art-31c0c1bb85044a348297d372a068f35d |
| institution | Directory Open Access Journal |
| issn | 2542-1514 |
| language | Russian |
| last_indexed | 2024-04-10T01:24:47Z |
| publishDate | 2018-10-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Pravoprimenenie |
| spelling | doaj.art-31c0c1bb85044a348297d372a068f35d2023-03-13T09:40:20ZrusDostoevsky Omsk State UniversityPravoprimenenie2542-15142018-10-0122404710.24147/2542-1514.2018.2(2).40-47135ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICESM. V. Bavsun0I. A. Beletskiy1Omsk Academy of the MIA of Russia. OmskOmsk Academy of the MIA of Russia, OmskThe subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment.https://enforcement.omsu.ru/jour/article/view/162criminal liabilityprinciples of criminal lawabuse of lawlimits of criminal law regulationredundancy of normsprovision of servicesworkviolation of safety rules |
| spellingShingle | M. V. Bavsun I. A. Beletskiy ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES Pravoprimenenie criminal liability principles of criminal law abuse of law limits of criminal law regulation redundancy of norms provision of services work violation of safety rules |
| title | ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES |
| title_full | ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES |
| title_fullStr | ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES |
| title_full_unstemmed | ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES |
| title_short | ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES |
| title_sort | abuse of criminal legal norms during the realization of responsibility for violation the safety rules in the production of works and rendering of services |
| topic | criminal liability principles of criminal law abuse of law limits of criminal law regulation redundancy of norms provision of services work violation of safety rules |
| url | https://enforcement.omsu.ru/jour/article/view/162 |
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