THE IMPLEMENTATION OF THE PRINCIPLES POLOVINNOE LEGISLATION: THEORETICAL AND LEGAL ASPECT
Kovalev N.S.
Kuzbass Institute of the Federal Penitentiary Service of Russia (Novokuznetsk, Russia), educator of the department of regime organization, security and escort
Annotation:
One of the directions of effective legal regulation of criminal-executive legal relations is the compliance of law-making and legal implementation activities with the requirements of the fundamental provisions of the criminal-executive legislation. Atypical norms (norms-principles) are the most generalized norms of penal enforcement legislation, in this regard, the author examines the specifics and features of their implementation. The author identifies the distinctive features of norms–rules of conduct and rules, principles, namely the lack of content the last offset the rights and obligations of the legitimate interests of legal entities. The paper defines the tasks of the principles of the penal enforcement legislation, identifies the relationship of the phenomenon under study with the law-making and lawenforcement aspects of the penal enforcement law.
In the article, we used the following methodology: method of analysis, synthesis, induction and deduction allowed to investigate aspects of the criminal-Executive legal reality directly related to the implementation of the principles of criminal-Executive legislation, formulate valid conclusions; private-scientific methods – formal-legal and comparative-legal – allowed to identify differences and similarities in the homogeneous of the criminal Executive
legal phenomena.
Keywords:
implementation; norms-principles; norms-rules of conduct; penal enforcement legislation; application of law
