Open AccessCategory “measure” in the theory of penal law
Author(s) -
V.K. BAKULIN
Publication year - 2021
Language(s) - English
DOI - 10.46741/2713-2811-2021-1-28-31
Subject(s) - criminal law , law , obligation , universality (dynamical systems) , procedural law , political science , coercion (linguistics) , public law , civil law (civil law) , criminal procedure , measure (data warehouse) , comparative law , sociology , computer science , linguistics , philosophy , physics , quantum mechanics , database
The article analyzes the philosophical category “measure”, which due to its universality and comprehensiveness finds expression in law, since subjective law and legal obligation are always a measure of the possible or necessary behavior of the subjects of legal relations. The relationship of the category “measure” with the institutions of criminal and criminal procedural law is shown. The article examines the demonstrations of this category in the institutions of the penal law, which makes it possible to formulate the definition of a measure in the penal law and systematize the existing ones. There is revealed the need to change the subject of the penal law as a branch of law in connection with the empowerment of criminal executive inspectorates with the authority to implement measures of procedural coercion, provided for by the Criminal Procedure Code of the Russian Federation.