Criminal Law Principle of Legality: some Collisions and Suggestions for their Elimination

The purpose of writing research work. This article analyzes the concepts of the principles of the current domestic criminal law, the concept of the principle of legality and all its components. The fundamental regulators of people's behavior in social life are the social and moral rules provided for by the codes of ethics of official conduct of federal ministries and other departments, as well as regulatory and legal prescriptions and prohibitions established in the legal norms of the Constitution of the Russian Federation, federal laws and other regulatory legal acts. Some of these legal norms are fundamental, fundamental, basic, called legal norms-principles, which are understood as the fundamental moral and legal principles that determine the essential content and vector of the direction of the law and law enforcement practice. The principles of criminal law, including the principle of legality, clearly demonstrate that the content of all other norms of the Criminal Code of the Russian Federation, their understanding, interpretation and application in practice must comply with the principle of legality and other criminal law principles. For example, these principles show the methodological approaches of the criminal law to the issues of criminal liability and punishment in relation to a person who has committed a socially dangerous act provided for by criminal law as a crime. The conducted research made it possible to identify some conflicts between, on the one hand, the provisions that make up the content of the principle of legality in conjunction with other criminal law norms, on the other hand, some provisions of the General and Special Parts of the domestic criminal legislation. In this regard, the following goal of this scientific publication was determined - to develop socially conditioned and scientifically based theoretical and applied proposals of a rule-making nature, to formulate doctrinal drafts of a number of criminal law norms aimed at eliminating the identified criminal law collisions. To ensure this scientific and normative goal of a criminal law nature, the following tasks were identified and solved: the analysis of more than ten published scientific works on the studied subjects was carried out, the authors of which are well-known experts in the field of criminal law in general and in the field of studying the problems of the principles of criminal law; a retrospective analysis of the past of domestic criminal legislation in relation to such a component of the principle of legality as the prohibition of the application of the analogy of criminal law is carried out; a comparative legal analysis of the provisions on the principle of legality and other norms of the current domestic criminal legislation was carried out in order to identify the presence of criminal law conflicts between them. The findings of the study. First, the criminal law principle of legality needs to be improved, which led to the development of a scientific and theoretical proposal of a rule-making nature to supplement its content with another component. A doctrinal draft of the proposed amendment to the criminal law has been submitted. Secondly, some criminal law provisions do not fully reflect the principle of legality. In this regard, solutions have been proposed to eliminate these criminal conflicts by supplementing criminal legislation with a number of new norms.

principles of criminal law, the principle of legality, the content of the principle of legality, components of the principle of legality, conflicts of criminal law