Types of dispositions in criminal law: examples. Concept and types of dispositions and sanctions

Classification of dispositions

According to the nature of the regulatory influence, that is, according to the meaning of the deontic modality of the prescriptive statement contained in the disposition, they are divided into authorizing (permissive, permissive), obligating (prescriptive), prohibiting. More complex deontic patterns of dispositions are found in various legal systems and in non-legal regulatory systems. For example, there are seven types of regulations and prohibitions (along with simply permitted acts), which are grouped into five stages from obligatory to prohibited: strictly obligatory actions, evasion of which entails punishment, recommended acts (three types), neutral acts, condemnable acts ( two types), strictly prohibited actions entailing punishment.

What is disposition in literature and music?

In literature, disposition is a standard composition for the Middle Ages, that is, the structure of an essay. And in music, a disposition is a list of characteristics that an organ has. These are the meanings of this word.

As you can see, indeed, disposition is a very complex term that has so many meanings that it’s impossible to list them all. Therefore, the emphasis was on legal disposition, since it is the main scope of application of this term. However, social norms and even parental prohibitions can also be considered dispositions.

Criminal law in space

In modern criminal law, the operation of the law is determined by territorial, civil, real and universal principles. The territorial principle depends on the area where the crime was committed: be it land, water or airspace. The state principle is a little more complex. An illegal act can be committed on the territory of one’s own state or abroad. In the first case, the person will be convicted according to national law, and in the second, according to international provisions.

The universal principle is characterized by the complication of national elements. The real principle involves protecting the interests of the state and citizens from attacks by foreign entities.

Definition of categories in Art. 211 Civil Code of the Russian Federation

And finally, let's look at an example of a hypothesis in Article 211 of the Civil Code in force on the territory of the Federation. Here the risk of accidental damage or accidental loss of property is a hypothesis. It is the owner who bears it, unless other rules are provided for by the contract or law (this is already a disposition). A legal norm (in other words, a rule of law) should be understood as a generally binding command, which is expressed in the form of a state and government order. It regulates social relations, legal norms that establish a certain behavioral pattern in a specific situation.

Types of structural element

The legislator defines several types of dispositions in criminal law. The first classification is the certainty of normative rules. There are abstract and casual types.

The abstract type describes exclusively the type of behavior of the subject of the offense, and the casual one, on the contrary, determines the details, that is, it specifies the behavior of the criminal. Such dispositional norms are very difficult to perceive and interpret, and accordingly, they are practically not applied in the state. Another classification of the concept allows us to achieve the goals of criminal law, implying the division of disposition into the following types:

• simple;
• descriptive;
• blanket;
• reference;
• mixed.

All these types of dispositions in criminal law have their own characteristics and characteristic differences. For example, a simple form declares a criminal act without revealing its characteristics. According to the legislator, the signs of the act described in the simple disposition are already clear.

An example would be an article for murder, a simple form of the structural element makes the murder itself illegal, but does not define exactly how it can be carried out.

The descriptive type of disposition determines the rules of behavior and reveals important features. Unlike a simple descriptive form, it eliminates differences in the interpretation and use in practice of criminal law, since it provides comprehensive definitions that are important for qualifying the offense.

An example of a descriptive disposition would be Art. 129, which provides a clear description of the concept of slander - the dissemination of deliberately untrue information that discredits the honor and dignity of a particular citizen.

The reference type of disposition indicates the need to turn to other branches of the criminal law, which contain a more detailed description of the actions of the offender. This technique is used to prevent repetition in the text.

An example of a reference disposition is Article 116 of the Criminal Code for beatings; it contains a reference to Article 115, which regulates minor bodily injuries.

The blanket form of the structural element refers to the norms of other branches of law. The Criminal Code contains a lot of blanket dispositions in articles on economic crimes, environmental violations of the law, as well as on vehicle traffic safety. In the latter case, for example, it is impossible to correctly determine the signs of a crime without referring to the Administrative Code.

The legislator also defines mixed forms. They simultaneously contain signs of several dispositions. The descriptive and simple parts can simultaneously be reference dispositions and blanket ones.

An example of a mixed type of disposition is Art. 284 CC. In essence, it is descriptive, although it directs the law enforcement officer to the rules for handling documents to properly qualify the crime.

To clearly understand the essence of the article, it is necessary to consider the types of sanctions in criminal law along with the disposition of the article, as well as the hypothesis. It is pointless to consider parts of the criminal law norms separately. Only together do they make it possible to clearly establish the criminality of an act, determine an equivalent punishment for it, and eliminate competition between articles with similar themes.

Types of sanctions

Sanctions used in criminal law are classified according to the degree of certainty, namely:

• Absolutely certain - establish both a single type of punishment and its strictly specific amount. In current legislation, these sanctions are not used, since their use does not make it possible to individualize punishment based on the circumstances of the commission of a particular tort, as well as the personal characteristics of the guilty party.
• Relatively specific - establish a specific type of punishment, as well as its legally defined limits, by indicating the minimum and maximum amount of punishment or only the maximum.
• Alternative - establish two or more types of punishment (either a fine, or community service, or imprisonment, etc.) that can be applied for committing the corresponding tort, based both on the characteristics of the latter and on considerations of expediency.

So, having examined the above examples of dispositions and sanctions in criminal law, we can state that the system of the latter, as well as the structure of its norms, ensures the proper and effective practical application of criminal law, which allows maintaining law and order in society at the proper level.

The main element, the core of the legal norm, the rule of conduct contained in it, is the disposition. Based on this premise, some authors interpret disposition as the rule of behavior itself, i.e. identify a disposition with a rule of law. Such a judgment, however, is difficult to recognize as correct. The disposition can neither be opposed to other constituent elements of the legal norm nor separated from them. Despite its priority in the structure of a legal norm, a disposition in itself is not yet a rule of law. Only as a result of systemic unification, the integral unity of three parts - disposition, hypothesis and sanction - which have relative independence and their own characteristics, an integral, qualitatively new rule of behavior is formed.

Each of these elements has its own special place and purpose in the structure of a legal norm, as a result of which, according to a fair judgment established in legal science, without a hypothesis the norm is meaningless, without a disposition it is unthinkable, and without sanction it is powerless. Thus, the structure of a legal norm as a logical relationship between hypothesis, disposition and sanction in the most general and concise way Gadzhieva A.A. Dispositive norms in criminal law / A.A. Gadzhieva // State and law. - 2003. - No. 11. - pp. 97-98..

The disposition contains the very rule of behavior according to which the participants in the legal relationship must act. According to the method of presentation, the disposition can be direct, alternative and blanket. An alternative disposition allows participants in a legal relationship to vary their behavior within the limits established by the norm. The blanket disposition contains the rule of behavior in the most general form, referring the subject of implementation to other legal norms.

The disposition can also be simple - an indication of one or another unambiguous behavior option. It can also be descriptive, when a rule of behavior is formulated by a system of evaluative concepts, various characteristics and signs. In legal theory, a reference disposition is also distinguished. In this case, the rule of law itself does not set out the rule of conduct, but the addressee is referred to the rule of conduct contained in another rule.

Very often, a very vague reference is used - the formula “this and that must be done in the manner prescribed by law.” Such methods of formulating a disposition indicate a low legal culture, poor legislative technique, attempts to avoid resolving the issue, social order, etc.

There is also a blanket (open) disposition, i.e. such a rule that can be perceived as a rule of law from other sources of law. For example, the law establishes the obligation to comply with traffic rules, but what specific rules will become, in this case, mandatory by law will be determined by a set of traffic rules. The blanket disposition does not define the signs of a crime, but leaves their establishment to specially designated bodies. For example, Art. 246 of the Criminal Code of the Russian Federation makes it criminal to violate the rules of environmental protection established by the environmental legislation of the state.

Disposition is the core of a legal norm, the quintessence of the content of the rule of conduct. The disposition expresses the provisional-binding nature of the rule of law, which allows it, in the presence of the conditions provided for by the hypothesis, to act as a state regulator of relations between people, a necessary legal prerequisite for legal relations. It is the disposition that constitutes the model of lawful behavior of Yu.V. Kudryavtsev. Rules of law as social information / Yu.A. Kudryavtsev. - M.: Legal. liter., 1981. - 144 pp.

Depending on the form of expression, dispositions are divided into authorizing, obliging and prohibiting,

Empowering dispositions provide subjects with the right to perform the positive actions provided for and determine one or another option for their possible, permitted behavior. The words “right”, “has the right”, “can” act as operators of the volitional behavior of subjects in empowering dispositions. For example, the disposition of the norm contained in Part 2 of Article 45 of the Constitution of the Russian Federation: “Everyone has the right to protect their rights and freedoms by all means that do not contradict the law.”

Binding dispositions impose on subjects the obligation to perform certain positive actions and prescribe to them one or another version of proper behavior. The following words are used as operators of volitional behavior in binding dispositions: “obligated”, “must”, “subject to”. For example, the disposition of the norm enshrined in Part 2 of Article 15 of the Constitution of the Russian Federation: “Government bodies, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.”

Prohibitory dispositions are those that contain a prohibition on committing certain illegal actions (or inaction). A prohibitory disposition is a requirement to refrain from a certain type of negative behavior that is recognized by law as an offense. The operators of volitional behavior in prohibiting dispositions are the words: “prohibited”, “has no right”, “cannot”, “not allowed”. All norms of the Special Part of the Criminal Code of the Russian Federation are prohibitive, since the disposition of each of them is to prohibit the commission of a certain type of crime under threat of punishment. General Theory of Law and State: Textbook / Ed. V.V. Lazarev. — 3rd ed., revised. and additional - M.: Yurist, 2001. - 520 p.

In case of violation of the disposition of a legal norm, the sanction provided for by this norm comes into effect.

Analysis of the dispositions of legal norms allows us to identify quite a lot of their varieties.

Like hypotheses, dispositions are divided into causal and abstract. The first lists specific actions that are prescribed, permitted or prohibited, and the second provides for a certain type of behavior. The historical prototype of a causal disposition is a precedent - a decision of a court or other government body in a separate case. As noted in the literature, “norms with causal dispositions are extremely unsuccessful in technical terms, because, without ensuring the absence of gaps in the law, they make it excessively cumbersome.” Thus, the Russian Penal Code, which applied causal hypotheses, contained 2034 articles, while the modern Criminal Code of the Russian Federation, which knows only abstract dispositions, contains only about 400. An example of a norm with an abstract disposition is Art. 105 of the Criminal Code of the Russian Federation. While providing penalties for premeditated murder, it is limited to defining murder as such; It does not indicate any types of violent deprivation of a person’s life committed intentionally.

According to the method of expressing the rules of behavior, dispositions are divided into simple, descriptive, and referential. Let us consider them in more detail using the normative material of the criminal law of the Russian Federation.

A simple disposition contains only an indication of the type of crime, and is limited to its name, without giving a definition. It is used when the signs of an offense are quite obvious. Art. 126 of the Criminal Code of the Russian Federation - kidnapping - is a good example. The descriptive disposition includes not only the name of the criminal act (for example, theft), but also a list of its main features (in our example, the distinctive feature of theft is that it is the secret theft of someone else’s property, in contrast to robbery, which is defined as “open theft of someone else's property" (Articles 158, 161 of the Criminal Code of the Russian Federation).

The reference disposition refers to another article of this criminal law, which describes the corresponding type of crime, or to another normative act (for example, Article 116 of the Criminal Code of the Russian Federation states that “battering or committing other violent acts that cause physical pain, but which did not entail the consequences specified in Article 115 of this Code, are punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, etc.”).

The disposition of a legal norm (legal arrangement of the parties) is an element that determines the model of behavior of subjects by establishing the rights and obligations that arise in the presence of the legal facts specified in the hypothesis; disposition acts as the main regulatory part of the norm, its core.

Disposition is the core, the core of a legal norm. However, a legal norm cannot consist of one disposition. Only in combination with a hypothesis and a sanction, which are grouped around it, does a disposition acquire its life and manifest its regulating abilities. A disposition is a pattern of lawful behavior.

Depending on how the rule of behavior is stated, the following types of disposition are distinguished:

a) simple - a disposition that names a behavior option, but does not disclose or explain it (for example, the Law “On Employment in the Russian Federation” establishes that republican and regional employment services develop programs with measures to promote employment of the population; what these programs are , the norm does not determine);

b) descriptive - a disposition that describes all the essential signs of behavior (such is, say, paragraph 1 of Article 11 of the Law “On the Prosecutor’s Office of the Russian Federation”, which establishes a fairly detailed procedure for the appointment and dismissal of the Prosecutor General of the Russian Federation, who is appointed and dismissed the Supreme Council of the Russian Federation on the proposal of the Chairman of the Supreme Council, with subsequent approval by the Congress of People's Deputies);

c) reference - a disposition that does not set out a rule of conduct, but refers to another norm of law for familiarization with it (such, for example, is the disposition of the Law of the Russian Federation “On Payment for Land”: “The procedure for determining the normal price of land is established by the government of the Russian Federation, and in republics within the Russian Federation - in accordance with the legislation of these republics).

A type of reference is the blanket disposition. To get acquainted with the rules of conduct, it refers not to the norms of the law, but to instructions, rules, technical standards, etc.

Criminal law

4) the blanket disposition for determining the signs of a crime refers to the norms of other branches of law - labor, civil, administrative, etc. It is with the help of blanket dispositions that almost all crimes in the field of economic activity are formulated, the majority of official crimes, crimes against public safety associated with violation of special rules (mining, construction and others), or rules for handling objects that pose an increased public danger (weapons, ammunition , radioactive substances, etc.).

Scientific hypothesis. Example

It is worth noting that hypotheses exist not only in law. Well-known scientific, economic and other types of hypotheses. For example, a scientific hypothesis appears as a response to the challenge of the surrounding world, which constantly puts a person face to face with problems. Here the category should be considered as an assumption about the presence of a specific type of connection between the phenomena that are subject to research, a certain regularity, a pattern of some events. Let's give an example.

It is believed that Niels Bohr, the great Danish physicist, once expressed doubt about the truth of one of the established physical hypotheses only on the grounds that it was not completely crazy to be true.

The paradox of the modern scientific direction lies in the fact that the selection of scientific hypotheses, competing with each other according to such criteria as originality, non-standard approach, is simultaneously accompanied by tightening requirements in terms of their theoretical validity, and within the framework of already existing science. In other words, we are doomed to be in line with the cultural and historical traditions of science, established concepts of cause and effect, law, time, space, etc. The more valuable are breakthrough ideas that have the predictive power of detecting certain new patterns and properties in a certain subject area or the possibility of extrapolating them to new areas (as happened, for example, with synergetics).

Absolute types of sanctions

In the criminal law of the Russian Federation, unlike the legal system of the USSR, there are no absolute sanctions. Previously, they assumed a “tower” or the application of punishment “to the fullest extent of the law” - in other words, the worst and no alternative option for bearing responsibility. Until recently, in our country there were absolutely certain (AO) and absolutely indefinite (AN) sanctions, which could be applied only in the most extreme cases. AO sanctions established the only possible punishment, its exact size and form. There was no individualization of punishment in relation to the personal characteristics of the guilty person. The court could make only one decision: a large fine, the death penalty, etc.

The AN sanctions contained wording that was not very precise or specific. For example, “punishment according to the laws of war,” “application of sanctions in emergency situations,” “punishment to the fullest extent of the law,” etc. It is not entirely clear who, in principle, these types of sanctions can be aimed at. Today they are banned for a very simple reason: to prevent judicial arbitrariness and violations of human rights and freedoms.

Simple and complex dispositions of law

Simple ones contain a single right, obligation or prohibition. For example, according to Article 80 of the Civil Code of the Russian Federation, the responsibilities of the father and mother include the maintenance of their small (under 18 years old) children. Here we demonstrate a rule of law in which the position consists of only one obligation - the maintenance of children by parents. A complex disposition contains two or more rights and duties or prohibitions. For example, the norm of paragraph 3 of Article 31 of the Family Code tells us that “family relationships must be built on the basis of mutual respect and mutual assistance, and the couple is obliged to help strengthen the family and take care of their children (by law up to 18 years of age) and ensure their well-being and development "

This example demonstrates an article that has three responsibilities:

• the obligation to build relationships between spouses in a certain way;
• the duty to promote the well-being and strengthening of the family;
• duty of care for children.

We can consider another example.

The structure of the criminal law norm of the special part of the Criminal Code

The norms of the Special Part of the Criminal Code consist of parts that are designated by Arabic numerals 1, 2, 3, etc. In a number of articles, the parts are divided into paragraphs that have a letter designation.

When bringing a person to criminal liability, you must accurately indicate the point, part and number of the article of the Criminal Code of the Russian Federation. References to articles of the Criminal Code must be accurate in terms of not only the content of the law, but also its numbering. Incorrect indication of the paragraph, part and number of the article leads to an unfounded verdict and entails its cancellation.

The parts of the articles, in turn, consist of dispositions and sanctions.

A disposition is an element of the structure of a legal norm that indicates the signs of a socially dangerous act.

A sanction is an element of the structure of a legal norm, which determines what measures of state coercion can be applied to a person who has committed a crime provided for by the disposition.

The Special Part of the Criminal Code distinguishes four types of disposition: simple, descriptive, blanket and reference.

A simple disposition is a disposition that does not contain a description of the elements of a crime or indicates only the most general of them. An example of a simple disposition is Art. 126 of the Criminal Code “Kidnapping”. In this case, the legislator names only the crime, without disclosing its characteristics due to the obviousness.

A descriptive disposition is a disposition that contains a detailed description of the most significant features of a crime. An example is the disposition of Art. 111 of the Criminal Code, which not only describes the crime, but also indicates its main features.

A blanket disposition is a disposition that, to determine the signs of a specific crime, refers to other branches of law or regulations. For example, the disposition of Art. 264 of the Criminal Code provides for liability for violation of traffic rules and operation of vehicles.

A reference disposition is a disposition in which, to clarify the content of the norm, the legislator refers to another article of the Criminal Code of the Russian Federation. An example would be Art. 108, 112, 116 of the Criminal Code, etc. In order to understand what is meant in Art. 108 of the Criminal Code of the Russian Federation under exceeding the limits of necessary defense and exceeding the measures necessary to detain the person who committed the crime, it is necessary to turn to Articles 37, 38 of the Criminal Code.

Some authors identify another type of disposition - mixed, i.e. in the disposition of the article, for example, descriptive and blanket types of dispositions are simultaneously described. This type includes the disposition of Article 253 of the Criminal Code, where, in addition to describing the essential features of the crime, an additional reference is made to another normative act, namely the rules for the construction, operation, protection and liquidation of erected structures and means of ensuring the safety of maritime navigation, in order to fully understand all the features of this crime.

The Criminal Code contains two types of sanctions: relatively specific and alternative. (

Examples of Rule of Law Locations

Civil, labor, family papers and land rights are presented in a fairly accessible manner. They usually provide detailed regulation of the rights and obligations of participants in legal relations. Thus, Art. 359 Civil Code. regulating the relations arising from the pledge agreement, says: “The creditor, who is the thing to be transferred to the debtor or the person specified by the debtor, has the right, in the event of failure of the debtor to fulfill his obligation on time, to pay this thing or to compensate for the creditors’ expenses associated with his and other losses , keep it until the corresponding obligation is fulfilled. “In this case, the arrangement clearly defines the rights of the creditor (to hold the thing” until the corresponding obligation is fulfilled) and the obligations of the debtor (to fulfill the underlying “corresponding obligation” of him).

Another example. In paragraph 1, art. 702 “Agreement” of the Civil Code of the Russian Federation, established “under the contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver it to the customer, and the customer undertakes to accept the result of the work and pay for it.” Therefore, this article clearly states the location. Classification and types of dispositions

Layout is the rule of law element that determines the pattern of behavior of subjects by establishing the rights and obligations arising from their presence in the hypothesis of legal facts; The disposition is the main part of the regulatory standards and its core. Layout is part of a norm that contains the rights and obligations of recipients, prescribing how a subject should (can) act if they find themselves in the conditions specified in the hypothesis; it determines the very rule of behavior. Establishing a connection between subjects of subordination or partnership, it imitates their subsequent interaction in the real world.

As a hypothesis, dispositions are simple and complex. Let’s simply assume one variant of behavior (clause 1 of Article 89 of the RF IC: .. The wife is obliged to support each other). Complex - some of them (Article 197 of the Criminal Procedure Code: the investigator has the right to be present during the forensic examination in order to receive clarification regarding the actions carried out by them.). And complex orders can be cumulative and alternative. According to the degree of certainty of dispositions, they are absolutely certain (simple), in relation to certain (complex) and uncertain (“behave properly”). As a description (presentation), dispositions are divided into:

simple - contain behavior, but does not reveal it. Thus, the Criminal Code does not characterize the signs of a crime if it is a very clear act. Example. Illegal placement of a person in a psychiatric hospital is punishable by imprisonment for up to three years (Part 1 of Article 128 of the Criminal Code of the Russian Federation ..); describe - describe all the significant features of legal or illegal behavior. For example, Part 1 of Art. 209 of the Criminal Code of the Russian Federation characterizes banditry as the creation of: a) stable; b) for security; c) a group of persons (gang); d) for the purpose of attacking citizens or organizations; etc.), as well as the leadership of such a group.

Types of dispositions

Depending on the complexity and characteristics of a particular crime, the disposition is:

1. In a simple form - it contains only an indication of the action, without listing specific signs or features. As an example: murder.
2. In descriptive form. It already contains not only the name of the crime, but also its features. Example: murder by negligence, murder with extreme cruelty, etc.
3. Blanket form - it states the crime, but also contains a reference to another branch of law and its specific norm.
4. Form of reference - the action (crime) is named, and for clarification a reference is made to another norm of legislation.

The variety of existing dispositions in the structure of the criminal norm is dictated by the list of prohibited actions that are punished within this area of ​​law. Types of sanctions

The sanctions contain clear instructions for the courts regarding the amount of punishment that can be imposed on a person whose guilt has been fully proven.

In turn, the sanctions part is divided into several types:

1. With a relative definition. In this type of punishment, the punishments will be specified in extreme limits: the mildest and the most severe. Accordingly, the judge, when establishing a punishment, cannot exceed or reduce any of them. As an example: punishment in the form of imprisonment from two to five years.
2. An alternative type of sanction. Punishments are indicated in several types, and they are listed in the article - from the mildest to the harshest. As examples: correctional labor for up to 6 months, suspended sentence for up to one year, or imprisonment for up to two years. Which punishment will be imposed by the court depends on all the circumstances of the case. Alternative types of sanctions cannot contain less than two different types of punishment, but they can contain more.

Interesting! Some legal experts also call this type of sanctions as reference. It is understood as those indications of the limits of punishment that refer to other articles of legislation, where the sanction part is described in more detail.

The main feature of a norm in the field of criminal law is what it should consist of

The process of using these norms is very specific, and here it is important not to lose the cause-and-effect relationship between the committed act, its qualification and subsequent punishment.

The same act can constitute several different crimes. As an example: causing harm to health, depending on the severity, represents several different crimes with different sanctions. Moreover, if the reason why the harm was caused is self-defense, then the fact of the criminality of the act disappears.

The principle of this type of law is the punishability of a criminal act. To understand the qualifications, you need to know the basics of the structure of the legal norm, which will help you quickly and competently determine the presence or absence of criminal intent.

Structure of articles of the Special Part of Criminal Legislation. Disposition and sanction: their types.

A reference sanction , without determining the type and amount of punishment for a particular crime, establishes its punishability by referring to the sanctions of other articles of the Special Part. Previously, several such sanctions were contained in the Criminal Code of the RSFSR in 1960, now they can be found in the criminal codes of foreign countries (for example, Part 2 § 166 of the Criminal Code of Germany, Art. 327 of the Criminal Code of Thailand).

The concept of a crime scene

When qualifying theft or extortion of narcotic drugs or psychotropic substances (Article 229 of the Criminal Code), the location of the crime is indifferent. However, the theft of these substances or funds, for example, from a hospital, increases the degree of danger of this crime, which the court will have to take into account when individualizing the punishment.

an element of a rule of law that provides consequences for the subject implementing the disposition. They can be either negative, unfavorable - punitive measures (imprisonment), or positive - incentive measures (parole, bonus to an employee for conscientious performance of official duties).

Classical structure of a legal norm

The history of the development of criminal legislation allows us to say that it consists of a single normative legal act containing penalties for deviations from generally accepted norms of behavior in order to protect the rights of other members of society.

The Criminal Code, in turn, contains 2 sections:

1. General part.
2. A special part.

It is this division that determines the division of articles into description articles and prohibition articles.

The theory of law, at first glance, contains a clear delineation of the structure of each individual norm; thanks to the combination of the use of several types of parts of the article, the norm acquires meaning.

When separating the concepts of norm and article, emphasis should be placed on their distinctive features. The article represents a universal mechanism for understanding the essence of certain social relations, and the norm provides a reference to a model of behavior in a particular life situation.

Thus, one article may contain more than one norm, which means that the presence of one norm in several articles is unacceptable. Although these concepts are often confused and intertwined. Incorrect construction of articles of the criminal legal specification means a problem in legal technology, and can lead to the impossibility of distinguishing simple acts from crimes.

The classical structure of a legal norm has three parts:

• hypothesis;
• disposition;
• sanction.

The peculiarity of the Criminal Code of the Russian Federation is the delimitation of the set of parts of the article into the General and Special Parts. But, a caveat should be made here. If hypotheses are actively used for the first part, then the second part is replete with dispositions and sanctions.

Unfortunately, there is no clear opinion on this issue. Some indicate that the Special Part of the Criminal Code contains all three varieties.

The issue of determining the sanction deserves special attention. Thus, the sanction of a criminal law norm is a special part of an article from the Special Part of the Criminal Code of the Russian Federation, which provides a set of punitive methods for the purposes of criminal punishment.

Types of sanctions in criminal law:

1. Absolute - indicates a specific type and strictly defined amount of punishment. The criminal law of the Russian Federation does not contain such sanctions, since the strictly final amount of punishment is established only by the court on the basis of many factors examined in the hearing.
2. Relative is the most common type of sanctions, as it provides for upper and lower limits for each type of punishment. These are the only possible sanctions applicable by the Russian legislator.
3. Alternative - provides for several independent types of punishment for the same norm.
4. Cumulative - names, on a par with a charming form of punishment, the use of an additional, no less important in essence.

Sanctions are inherent not only in criminal law, they are contained in civil and administrative law, but having their own specific characteristics.

Sanctions

Sanctions of criminal law are parts of a norm that formulates the type and amount of punishment imposed on the perpetrators after they have violated the social relations provided for under criminal law. In order to express this judgment as simply as possible, jurists use an expression such as “sanction of an article or part of it of the Criminal Code or law.”

Sanctions may be inherent exclusively to the norms that are described in the articles of the Special Part of the Criminal Code of the Russian Federation. These sanctions can be relatively specific, alternative or non-alternative. Essentially, all sanctions of the current criminal legislation are relatively specific.

Concept of hypothesis

What is the hypothesis and how does it relate to the types of sanctions in criminal law? As already stated, a hypothesis is just a guess. Lawyers talk about it as a statement that requires evidence. These can be specific life circumstances, events, acts of people or a set of acts, etc. According to a number of legal experts, the hypothesis is completely absent from the norms of criminal law. For example, there is only one article that contains an indication of the condition under which the norm begins to apply. This is Article 331, which deals with crimes in military service. Scientists believe that this is the only provision of the Criminal Code of the Russian Federation in which there is a hypothesis, but there is no disposition and sanction.

It is also worth highlighting Article 20 of the Criminal Code of the Russian Federation, which talks about the age of criminal responsibility. The concept of delinquency is introduced, which is the basis for the hypothesis.

Thus, the existence of a hypothesis in the field of violations of the law is a controversial issue. However, it makes no sense to deny the fact of its influence on the types of sanctions in criminal law.

Rule of law

The rule of law is the basic element of the legal system. This is a mandatory rule of behavior for everyone, strictly defined and specifically formulated. Its implementation is guaranteed by the state. The legal norm regulates social relations between citizens of a country and states registered in the territory.

A rule of law is a structural unit of objective law. Legal norms that regulate activities in a certain area of ​​public relations constitute a branch of law.

The main criteria of the concept are normativity and formal certainty. Normativeness implies that a rule is binding for execution by a circle of people. Formal certainty speaks of being fixed in an official document.

The legal norm is of a general nature. It does not imply a specific addressee, but is intended for a wide range of people, regulates typical relationships and is used repeatedly.

One of the main features of a norm is the specificity of its content. The text of the norm should be simply stated and not allow for double interpretation. Generally accepted legal terms are used for the description.

A rule of law is a specific microsystem that consists of several elements. In addition to dispositions, which will be described in detail in subsequent paragraphs, norms include hypotheses and sanctions.

The hypothesis indicates specific life circumstances in which the rule of law operates. Hypotheses can be simple, proposing only one condition, or complex, proposing two or more conditions. There are also alternative hypotheses that describe several circumstances. For a rule of law to come into effect, one of them is sufficient.

The sanction describes the consequences, punishment for non-compliance with the requirements specified in the norm. Sanctions can be absolutely certain, relatively certain and alternative. Absolutely certain contain a categorical description of sanctions. Relatively specific ones allow options, for example, different terms of imprisonment. Alternative ones imply that the authorities themselves can choose the type of liability to be applied (fine, community service, imprisonment).

Not all standards contain all three structural elements. The norms of the Constitution include only hypothesis and dispositions, or only dispositions. Criminal rules include only dispositions and sanctions.

Legal norms can be authoritative, obligatory and prohibitive. Empowerers offer the opportunity to choose: act in a certain way or avoid acting. Mandatory norms require that a specific action be performed. Prohibiting signs indicate the inadmissibility of an action.

Examples

If we talk about the simplest disposition, we can give the following examples:

• rape;
• beatings;
• torture.

Descriptive - contained in any article that provides a description of the act, for example, smuggling, theft.

The reference disposition, for example, in an article about harm to health of moderate severity is transferred to the previous article, excluding the consequences that are indicated in it.

Blanketnaya – offers to obtain clarifications in regulatory legal acts of other branches of Russian law. For example, a violation of antimonopoly legislation or infringement of copyright and the commission of a crime in connection with this obliges the investigator to check both the initial criteria and the consequences of the criminal’s activities.

Violations of budget legislation or environmental law may serve as the basis for criminal prosecution if there are corresponding dispositions in the code.

The construction of various forms and the combination of certain types of parts of the norm of criminal law make it possible to specifically establish both a special form of an act (illegal) and to exclude competition between various articles with similar topics.

On this issue, all the positions of scientists, as well as the opinions of law enforcement officials, are unanimous.

What does a hypothesis express?

So, we have looked at examples of hypotheses in law. It is worth noting that it can express:

• terms of entry of rights. norms into action;
• reaching a specific age of a citizen who is a subject of law;
• place and time of a certain event;
• “belonging” of a citizen to a specific state;
• well-being, on which the possibility of exercising the right directly depends.

For example, a minor who has reached the age of sixteen (this is a hypothesis) is declared fully capable (this is a disposition) if he works in accordance with an employment contract (this is a continuation of the hypothesis). The example is taken from Art. 27 Civil Code of the Russian Federation. Or in the norms of family law there are circumstances of marriage. So, according to paragraph 1 of Art. 10 of the RF IC “Marriage is concluded in the civil registration authorities.” This is a condition of the body or place of marriage. “The obligations and rights of the spouses appear from the date of registration of the marriage” (clause 2 of Article 10 of the Family Code) - this is a condition for the moment the marriage legal relationship appears.

Literature

• / Ed. O. E. Kutafina. - M.: “Lawyer”, 2000

This page was last edited on March 13, 2018 at 6:40 pm.

Hypothesis disposition sanction in the tax code

The structure of a legal norm is understood as its internal structure, the presence of interconnected components in it. There are 3 such parts: 1) hypothesis; 2) disposition; 3) sanction.

A hypothesis is that part of a legal norm that indicates specific life circumstances (conditions), in the presence or absence of which this norm is implemented. Based on the volume of presentation, hypotheses are divided into simple and complex.

This depends on the number of circumstances specified in the legal norm. If a hypothesis specifies one condition, the presence or absence of which is associated with the action of a legal norm, then such a hypothesis is called simple.

For example, Art. 186 of the Civil Code of the Russian Federation “The validity period of a power of attorney cannot exceed three years.” A complex hypothesis points to several circumstances that together serve as a sufficient basis for the implementation of a legal norm.

This is the hypothesis enshrined in Art.

Types of dispositions in criminal law: examples

The reference method is used when an article of a normative legal act does not contain all the structural elements of a legal norm and a reference is made to another article (articles) of the same normative act. For example, Art. 12, 13, 14 of the Family Code of the Russian Federation have conditions for marriage (hypothesis); Art.

10, 11 establish the place and procedure for marriage (disposition); Art. 27, 28, 30 talk about the grounds and consequences of declaring a marriage invalid (sanction).

The presentation of a legal norm in a blanket manner involves referring not to a specific article of a given normative legal act, but to another normative act in whole or in part, or to a certain type of some normative acts or rules. This method is popular when setting out constitutional norms.

For example, according to Part 2 of Art.

The Civil Code of the Russian Federation, which provides that, in the event of a void transaction, the court may recover as income to the state everything received under such a transaction.

Examples of the Code of Administrative Offenses An illustration of the hypothesis in administrative law can be found in Part 1 of Art. 2.

1 of the Code of Administrative Offenses, which provides for certain criteria under which an action or inaction will be recognized as an administrative offense (illegality, guilt, etc.).

The legal norms of the special part of the code are similar in structure to the norms of the special part of the Criminal Code.

They contain a disposition indicating that, in case of failure to comply with the requirements of the traffic rules regarding the designation of a maneuver (Part 1 of Article 12.

14 of the Code of Administrative Offenses of the Russian Federation), the violator will be warned or subject to the imposition of an administrative fine (sanction). The question of the structure of the rule of law is debatable.

We invite you to read: Exclusion of a legal entity from the Unified Tax Register

Additionally

On the topic "Rule of Law"

Basic Concepts

The main division of norms occurs according to their functional differences, among which are:

1. Declaration is a statement of the foundations of the criminal system, its institutions, and general rules.
2. Definition - such norms include basic concepts, terms, definitions of criminal law that are necessary for understanding all articles.
3. A possible compromise - such provisions may contain listings of situations in which there is a mitigation of punishment, and, possibly, release from criminal liability. Example: voluntary refusal to commit a crime.
4. Exclusivity - rules of this type set out circumstances that exclude the criminal nature of a person’s actions. As an example: self-defense or causing physical harm when apprehending a criminal.
5. General protective ones - they include state acts on how the criminality of the committed act is determined, how qualifications are applied, under what conditions certain types of punishment are imposed, how punishment is established for a set of crimes.
6. Special protective ones - they include specific articles of the Criminal Code indicating the crime, its main features, special conditions and limits of punishment.

Despite the importance of the functional division of legal norms, the main thing is the legal structure of the article. We are talking about the written structure of a legal provision

The criminal legal system does not tolerate assumptions; everything is laid out very clearly, without options.

Kinds

In order to correctly understand and apply criminal law, jurists distinguish several types of dispositions. Let's look at them in detail.

Simple

The disposition is called simple if the criminal law does not specify the elements of the crime and does not highlight its individual qualifying features. Most articles of the Criminal Code of the Russian Federation are defined in simple forms.

As a rule, the acts for which punishment is provided are criminal in themselves and there is no need for additional qualifying criteria to limit the violation of the criminal law from other types of offenses and lawful patterns of behavior.

Descriptive

Descriptive involves describing the nature of the act and provides a special corpus delicti. The relevant articles of the Criminal Code of the Russian Federation are as detailed as possible, which makes it possible to clearly limit a criminal act from other forms of illegal behavior.

Reference

In many cases, criminal acts have a similar or even duplicating composition and disposition of norms. Then the text of the law provides a reference to another norm of the Criminal Code of the Russian Federation. This reference is a reference disposition.

Blanketnaya

By analogy with the reference, the blanket refers to another rule of law. However, the blanket disposition involves references not to the Criminal Code of the Russian Federation, but to other legal acts regulating certain legal relations. For example, to the Code of Administrative Offenses of the Russian Federation, traffic rules, other regulations and by-laws.

Mixed

The most difficult in terms of interpretation are norms with a mixed disposition. They independently describe the signs of a crime and refer to other legal acts. It should be noted that in the modern criminal code there are quite a lot of such examples.

Disposition concept

The disposition of a criminal law norm is its essence. Thanks to the presence of this part, the article contains a clearly defined meaning, which is intended to identify the qualifying features of any unlawful act. Another feature is its inseparability with the sanction in the Special Part of the Criminal Code of the Russian Federation.

You can derive the concept of “disposition in criminal law” based on the characteristics of its belonging to a certain model of behavior prescribed in the norm of the article and structurally present it as follows:

• this is such a part of the norm of the article that allows you to highlight the qualifying features of the crime;
• the link between crime and punishment;
• a special design of legal technique, which has a greater number of varieties compared to other parts of the article or norm.

Thus, the disposition represents the criminal behavior of a category of persons defined in the law and entails punishment.

Dispositions by method of description

One of the main criteria for classifying dispositions is the method of description. Based on this feature, simple and descriptive dispositions are distinguished.

Simple dispositions contain a behavior option, but do not reveal it in detail. The Criminal Code of the Russian Federation does not detail the signs of behavior if an absolutely understandable action is implied. An example is Part 1 of Article 128 of the Criminal Code of the Russian Federation: “Illegal placement of a person in a psychiatric hospital is punishable by imprisonment for up to three years.”

Descriptive dispositions reveal in detail all the basic and essential features of lawful or unlawful behavior. For example, banditry is characterized as the creation of:

• sustainable;
• armed;
• groups of persons (gangs);
• for the purpose of attacking citizens or organizations;
• as well as the leadership of such a group.

Thus, the concept of banditry is revealed according to five characteristics.