The value of legal facts in the mechanism of the penal regulation

The article is devoted to the study of the role of legal facts in the mechanism of the penal regulation. In the process of analyzing the legal facts contained in the penal legislation the following conclusions were formulated that deserve attention: – the norms of the penal law being one of the main elements of the system of the mechanism of the penal regulation are brought into the sphere of their practical application by legal facts. The absence of a legal fact, if there are sufficient grounds for the application of the prescription, suggests that the rule laid down in the law will be “problematic” or in some cases “dead”; – the mechanism of the penal regulation contains two groups of legal facts. The first group (main) of legal facts influences the penal law relations, which the mechanism in question directly regulates. The second group (special) of legal facts forms social relations, which the mechanism under study does not regulate, but has a legal effect; – the existence and liquidation of the mechanism of the penal regulation depends only on two types of legal facts: the first determines the launch of the mechanism of the penal regulation, giving rise to general penal relations, and the second, freeing the convict from serving the sentence, stops the action of the system of legal means in question. All other types of legal facts only change, transform the mechanism of the penal regulation; – the moment of generation by a legal fact of general legal relationship does not always coincide with the moment of launching the mechanism of the penal regulation. In other words a penal relationship can be created, but the mechanism starts later; – the system of legal means that form the mechanism of the penal regulation consists of legal facts that are not fixed in the norms of the penal legislation, but are necessary to achieve its goals. We are talking about individual acts of the participants of the penal relations.