
Fiction in criminal law: criticism of some doctrinal provisions
Author(s) -
Ilyas Abdulkhannyanov,
AUTHOR_ID
Publication year - 2021
Publication title -
ius publicum et privatum
Language(s) - English
Resource type - Journals
ISSN - 2713-2811
DOI - 10.46741/2713-2811-2021-2-51-56
Subject(s) - criminal law , legal fiction , criticism , law , political science , sociology
The article discusses some of the problems associated with the study of such a technique (means) of legal technique as fiction. It is emphasized that, despite a significant number of studies devoted to this topic, many methodological issues have not yet been resolved by representatives of the scientific community. The fact of widespread use of this technique (means) in the sphere of regulation of criminal law relations is noted. From a critical standpoint two major works devoted to fiction in criminal law are considered, problems of logical, technical and categorical-terminological nature in their content are identified, which complicate the further study of fiction in this branch of law.