Constitutionalization of Judicial Disposal Qualifying a Socially Dangerous Act

Abstract

The topicality of the article is accounted for an interest of the criminal law doctrine to the phenomenon of constitutionalization as well as judicial disposal. The Russian Federation Constitution being a pillar of the entire legal system is setting a vector of development and the principles codified in it are the basis for law enforcement activity of state bodies including the area of application of criminal legislation. The article studies the questions relating to the process of constitutionalizing judicial disposal, its influence on the practice of interpreting and applying criminal law norms, studies the limits of judicial disposal. These limitations relate to both form and content. Hence, the problem of determining judicial disposal is being reduced to the balance of a strict legal framework and freedom of selecting a decision. However neither the criminal law doctrine, nor case law has a clear understanding of these limits and their nature. The legislator vesting a judge with the authority to administer justice gives him an opportunity to choose between two or more legal decisions on a particular case. The author notices that the decisions of the Russian Federation Constitutional Court have a normative nature and influence materially the dynamics, the process of constitutionalizing judicial disposal. A conclusion is made that the Constitutional Court recognizing the legal norm controversial the Russian Federation Constitution assesses the legal attitude of legislative bodies having created the norm and thus is involved in the lawmaking process. The article notes that the problem of applying capital punishment is an important aspect of influence of the decisions of the Russian Federation Constitutional Court on judicial disposal.