Criminal law and criminal procedure standards in the mechanism of criminal policy

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Those public relations that are the subject of legal regulation of criminal and criminal-procedural legislation are imbued with entitative bonds, which are referred to as subject system bonds of criminal and criminal procedure legislation. In modern jurisprudence, the view is quite common that procedural branches are "continuation of relevant material areas". At the same time, it is necessary to clarify the question of the relation between substantive and procedural elements in the structure of a single criminal policy mechanism. The author considers criminal law regulation as an important element of the criminal policy system, which has its own subject and methods. Consequently, structural elements of the mechanism of legal regulation by their basic characteristics are similar to elements of the mechanism of legal regulation of criminal policy in general. Criminal procedure relations exist in order to let the subjects of these relations, through implementing their subjective rights and duties draw conclusion of the presence or absence of legal facts provided by substantive standards of criminal law.

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Criminal procedure policy, criminal preventive policy, criminal policy, criminal law policy, operational research policy, penal policy, criminal organizational policy

Короткий адрес: https://sciup.org/142233895

IDR: 142233895

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