Open AccessLegislative and textual approach to notes articles of chapter 22 of the Criminal code Russian Federation
Author(s) -
Alexandra Sitnikova
Publication year - 2020
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2078-5356
DOI - 10.36511/2078-5356-2020-1-161-168
Subject(s) - criminal code , legislature , normative , criminal law , russian federation , value (mathematics) , law , political science , law enforcement , code (set theory) , criminal procedure , dialectic , sociology , computer science , epistemology , programming language , philosophy , set (abstract data type) , regional science , machine learning
The purpose of the work is to develop provisions that constitute the theoretical foundations of the legislative textual approach to remarks as normative texts that supplement, concretize or clarify the texts of articles of the Special part of the Criminal code of the Russian Federation. Methodology. As a methodological basis, we used the dialectical method of cognition, which, in combination with instrumental methods of research, allowed us to obtain new conclusions. The main results: 1) the notes to the articles of chapter 22 of the Criminal code of the Russian Federation are specialized criminal law provisions; 2) the legislative textual approach makes it possible to classify them into notes-definitions, notes-clarifications, notes-exceptions and calculative notes; 3) notes are one of the instruments of criminal law policy. Conclusion. The criminal law prescriptions formulated in the notes to the articles of chapter 22 of the Criminal code of the Russian Federation establish in criminal law definitions of criminal legal categories, specify cost attributes, disclose the content of value attributes, and provide the law enforcement with rules for calculating the value of items of economic crime.