THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT IN THE FORMATION OF THE SYSTEM OF SOURCES OF CRIMINAL EXECUTIVE LAW IN RUSSIA
Nekrasov I.S.
Kuzbass Institute of the FPS of Russia (Novokuznetsk, Russia), deputy head of the course of the training unit of the faculty of law enforcement
Annotation:
The scientific article analyzes the problem of recognition of the decisions of the Constitutional Court of the Russian Federation, adopted in the order of judicial norm control, by the sources of criminal executive law of Russia. The perspective of recognizing the decisions and rulings of the Constitutional Court of the Russian Federation as sources of the branch of criminal enforcement law is argued. Attention is drawn to the existing relationships between the legal doctrine and the resolutions, definitions of the Constitutional Court of the Russian Federation as sources of criminal enforcement law. The article substantiates the judgment that such decisions act as independent sources of criminal enforcement law in Russia. Special attention is paid to those types of decisions that make up for the regulatory insufficiency of the penal enforcement legislation aimed at interpreting a particular legal norm; at changing the procedure for applying a legal norm It is concluded that in the Russian science of criminal enforcement law and law enforcement practice, there is an unjustified expansion of the system of criminal enforcement legislation not only to a set of normative legal acts regulating various spheres of activity of the criminal enforcement system, as well as related to other branches of legislation (and law).
Keywords:
sources of criminal executive legislation; the system of criminal executive legislation; decisions of the constitutional court
