Arsalan Bazarov1
Constitutionalization of Judicial Disposal Qualifying a Socially-Dangerous Act
2013.
No. 4.
P. 43–51
[issue contents]
Bazarov Arsalan - Postgraduate Student, Department of Criminal Law, National Research University Higher School of Economics. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: bazarovarsalan@mail.ru.
The topicality of the article is accounted for an interest of the criminal law doctrine to the phenomenonof constitutionalization as well as judicial disposal. The RF Constitution being a pillar of the entirelegal system is setting a vector of development and the principles codified in it are the basis for lawenforcement activity of state bodies including the area of application of criminal legislation. The articlestudies the questions relating to the process of constitutionalizing judicial disposal, its influence on thepractice of interpreting and applying criminal law norms, studies the limits of judicial disposal. Theselimitations relate to both form and content. Hence, the problem of determining judicial disposal is beingreduced to the balance of a strict legal framework and freedom of selecting a decision. However neitherthe criminal law doctrine, nor case law has a clear understanding of these limits and their nature. Thelegislator vesting a judge with the authority to administer justice gives him an opportunity to choosebetween two or more legal decisions on a particular case. The author notices that the decisions of theRF Constitutional Court have a normative nature and influence materially the dynamics, the processof constitutionalizing judicial disposal. A conclusion is made that the Constitutional Court recognizingthe legal norm controversial the RF Constitution assesses the legal attitude of legislative bodies havingcreated the norm and thus is involved in the lawmaking process. The article notes that the problem ofapplying capital punishment is an important aspect of influence of the decisions of the RF ConstitutionalCourt on judicial disposal.
The topicality of the article is accounted for an interest of the criminal law doctrine to the phenomenonof constitutionalization as well as judicial disposal. The RF Constitution being a pillar of the entirelegal system is setting a vector of development and the principles codified in it are the basis for lawenforcement activity of state bodies including the area of application of criminal legislation. The articlestudies the questions relating to the process of constitutionalizing judicial disposal, its influence on thepractice of interpreting and applying criminal law norms, studies the limits of judicial disposal. Theselimitations relate to both form and content. Hence, the problem of determining judicial disposal is beingreduced to the balance of a strict legal framework and freedom of selecting a decision. However neitherthe criminal law doctrine, nor case law has a clear understanding of these limits and their nature. Thelegislator vesting a judge with the authority to administer justice gives him an opportunity to choosebetween two or more legal decisions on a particular case. The author notices that the decisions of theRF Constitutional Court have a normative nature and influence materially the dynamics, the processof constitutionalizing judicial disposal. A conclusion is made that the Constitutional Court recognizingthe legal norm controversial the RF Constitution assesses the legal attitude of legislative bodies havingcreated the norm and thus is involved in the lawmaking process. The article notes that the problem ofapplying capital punishment is an important aspect of influence of the decisions of the RF ConstitutionalCourt on judicial disposal.
Citation:
Bazarov A. (2013) Konstitualizatsiya sudeyskogo usmotreniya pri kvalifikatsii obshchestvenno opasnogo deyaniya [Constitutionalization of Judicial Disposal Qualifying a Socially-Dangerous Act]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 43-51. (in Russian)
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