International Legal Foundations of the Criminal Legislation of the Russian Federation
- Autores: Feoktistov M.V.1
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Afiliações:
- All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
- Edição: Volume 3, Nº 2 (2024)
- Páginas: 67-77
- Seção: International law
- URL: https://journals.eco-vector.com/2782-7372/article/view/633687
- ID: 633687
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Resumo
The article is devoted to the study of the international legal foundations of modern criminal law, the possibility of classifying international legal acts as sources of criminal law, determining their legal force, overcoming conflicts and competition between the norms of international criminal law and national legislation. The paper examines the established approaches to the application of self-executing and non-self-executing international legal norms in criminal cases. The author comes to the conclusion that the Criminal Code of the Russian Federation has lost the status of the only source of criminal law, since in addition to the Criminal Code of the Russian Federation, the Constitution of the Russian Federation, as well as generally recognized principles and norms of international law, as well as international treaties of the Russian Federation, can be attributed to them.
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Sobre autores
Maksim Feoktistov
All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
Autor responsável pela correspondência
Email: mvf@list.ru
ORCID ID: 0000-0003-1170-0945
Cand. Sci. (Law), Honored Lawyer of Kuban; Associate Professor, Department of Criminal Law and Criminology
Rússia, MoscowBibliografia
- Blishchenko I.P. International and domestic law. Moscow, 1960.
- Butkevich L.G. Correlation of domestic and international law. Moscow, 1982.
- Gaverdovsky A.S. Implementation of norms of international law. Moscow, 1981.
- Galiakbarov R.R. Criminal law. The general part. Krasnodar, 1999.
- Kibalnik A.G. Modern international criminal law. St. Petersburg, 2003.
- Commentary on the Federal Law “On International Treaties of the Russian Federation”. Moscow, 1996.
- Konyakhin V.P. International treaty as a source of Russian criminal law. In: Criminal law in the XXI century. Materials of the International Scientific Conference at the Faculty of Law of Lomonosov Moscow State University May 31 – June 1, 2001. Moscow, 2002.
- Lopashenko N.A. Fundamentals of criminal law impact. St. Petersburg., 2004.
- Lukashuk I.I. Norms of international law in the legal system of Russia. Moscow, 1997.
- Malinovsky O.N. Norms of international law on human rights as a source of Russian criminal procedure law. Abstract. dis. ... of Cand. Sci. (Law). Krasnodar, 2003.
- International criminal law. Study guide. Under the general editorship of V.N. Kudryavtsev. 2nd ed., reprint. and add. Moscow, 1999.
- Mullerson R.A. National legal implementation of international treaties. In: Soviet Yearbook of International Law. Moscow, 1980.
- Naumov A. On the correlation of norms of international and criminal law (law-making and law enforcement aspects). Soviet Justice. 1993. No. 19. (In Rus.)
- Petrova G.O. Interaction of norms of international criminal law with national criminal law norms. In: Criminal law: development strategy in the XXI century. Materials of the International Scientific and Practical Conference, January 29–30, 2004. Moscow, 2004.
- Plutina E.M. Destruction or damage to property: criminal law analysis. Monograph. V.P. Konyakhin (ed.). Krasnodar, 2005.
- Pudovochkin Yu.E. Sources of criminal law of the Russian Federation. Journal of Russian Law. 2003. No. 5. (In Rus.)
- Russian criminal law. General part. Textbook for universities. V.P. Konyakhin, M.L. Prokhorova (eds.). Moscow, 2015.
- Truntsevsky Yu.V. Methods of incorporation of international legal norms in the Russian criminal legal system. International Public and Private Law. 2005. No. 2. (In Rus.)
- Usenko E.T. Theoretical problems of the correlation of international and domestic law. In: The Soviet yearbook of international law. Moscow, 1979.
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