Contemporary Criminal and Criminal Executive Law Conflicts and Ways of Overcoming Them

  • Alexander Yuryevich Epikhin Department of Criminal Procedure and Forensics, Kazan Federal University
  • Oleg Aleksandrovich Zaitsev The Institute of Legislation and Comparative Law under the Government of the Russian Federation
  • Sergei Vladimirovich Tasakov The Federal State Budgetary Educational Institution of Higher Education “Chuvash State University by I.N. Ulyanov
  • Elena Vladimirovna Nechaeva The Federal State Budgetary Educational Institution of Higher Education “Chuvash State University by I.N. Ulyanov
  • Andrey Viktorovich Mishin Department of Criminal Procedure and Forensic Science.
Palabras clave: collisions in criminal law, executive criminal law, causes of conflicts in legal hermeneutics, examples of criminal disputes, conflict resolution methods.

Resumen

The article discusses the definition and correlation of the concepts of "conflict" and "competence" and provides various expert opinions on this. In the methodology it is an analytical research based on documentary. In modern scientific literature, the clash of the rules of criminal law is called conflict of laws, using the definitions indicated as identical concepts. However, the authors point to the controversial nature of such an interpretation of those concepts.  The causes of conflicts in the rules of Russian law are analyzed.  Thereis also a detailed analysis of conflicts in the rules of domestic criminal law and criminal executive law. In the context of the topic studied, the authors refer to the categories of criminal law and criminal executive law as the principles of criminal law. It emphasizes by way of conclusion that the conflicts identified are not an exhaustive list, simply the authors of this work managed to consider only some aspects of the subject, therefore the conclusions and suggestions are not indisputable. In any case, the discussion of these issues is important to achieve coherence in the rules of criminal law and criminal executive law.

Biografía del autor/a

Alexander Yuryevich Epikhin, Department of Criminal Procedure and Forensics, Kazan Federal University
Professor, Doctor of Law, Professor the Department of Criminal Procedure and Forensics, Kazan Federal University
Oleg Aleksandrovich Zaitsev, The Institute of Legislation and Comparative Law under the Government of the Russian Federation
The Institute of Legislation and Comparative Law under the Government of the Russian Federation, Professor, Doctor of Law, Chief Researcher, Department of Criminal, Criminal Procedure Legislation; Judicial System ISP, Vice-President of the Union of Criminologists and Criminologist
Sergei Vladimirovich Tasakov, The Federal State Budgetary Educational Institution of Higher Education “Chuvash State University by I.N. Ulyanov
Doctor of jurisprudence, associated professor (The Federal State Budgetary Educational Institution of Higher Education “Chuvash State University by I.N. Ulyanov
Elena Vladimirovna Nechaeva, The Federal State Budgetary Educational Institution of Higher Education “Chuvash State University by I.N. Ulyanov
Candidate Degree (Juridical Sciences), Associate Professor (The Federal State Budgetary Educational Institution of Higher Education “Chuvash State University by I.N. Ulyanov”), The Federal State Budgetary Educational Institution of Higher Education “Chuvash State University by I.N. Ulyanov
Andrey Viktorovich Mishin, Department of Criminal Procedure and Forensic Science.
Associate Professor, Candidate of Law, Professor, Department of Criminal Procedure and Forensic Science.

Citas

BARKANOV, Andre, S. 2005. Conflicts of private and public law in regulating the distribution of funds received from the entrepreneurial activity: abstract of a thesis for the Candidate of Law. University of Nizhny Novgorod. Nizhny Novgorod, Russia.

EPIKHIN, Alexander Yu; ZAYTSEV, Oleg A; TASAKOV, Sergei V; NECHAEVA, Elena V; MUKHAMETSHIN, Timur R. 2018. “The Correctional Process in Russian Penitentiary Institutions” In: The Journal of Social Sciences Research. No. 1, pp. 183-186.

EPIKHIN, Alexander Yuryevich; ZAITSEV, Oleg Aleksandrovich; TASAKOV, Sergei Vladimirovich; NECHAEVA, Elena Vladimirovna; MISHIN, Andrey Viktorovich; ALIYEVA, Gulnar Isaevna. 2019. “The Purpose of «Correction« in the Russian Criminal and Criminal and Executive Law” In: Journal of Politics and Law. Vol. 12, No. 5, pp. 12-29.

GARMYSHEV, Yaroslav V. 2016. “To the issue of classifying some evaluative concepts in Russian criminal law” In: Criminology Journal of Baikal National University of Economics and Law. Vol. 10, No. 4, pp. 732-739.

INOGAMOVA-KHEGAY, Lillana V. 2015. Conceptual basis of competition of the criminal law norms: monograph. Norma. Moscow, Russia.

KRYMOV, Alexander A. 2013. “Conflicts of criminal, criminal procedure and criminal executive law at the stage of sentence execution” In: Bulletin of the Vladimir Law Institute. Vol. 4, No. 29, pp. 111-113.

KUZNETSOV, Alexander P. 2017. “Conflicts in law: theoretical study. Legal technique No. 11” In: Legal statistics. Available online. In: http://www.cdep.ru. Consultation date:12/04/2019.

MALKOV, Villia.P. (1974). The aggregate of crimes. Kazan Publication, Kazan/Russia, p. 178.

NECHAEVA, Evgeniya V. 2013. Organizational and legal aspects of punishment execution in relation to convicted persons held in the pre-trial detention centres. Cheboksary: Publishing House of the Chuvash University. Cheboksary, Russia.

NECHAEVA, Evgeniya V. 2016. “The system of punishments for minors needs improvement. Jurisprudence and practice” In: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. Vol. 3, No. 35, pp. 71-76.

NECHAEVA, Evgeniya V. 2018. “Prospects for punishment transformation in the form of forced labor” In: Criminal Executive Law. Vol. 13, No. 1, pp. 45-49.

SAMIGULLINA, Andrea, V. 2015. “Conflicts of labor legislation. Bulletin of Arbitration” In: Practice. Vol. 2, No. 57, pp. 35-40.

SKIBA, Andrey P. 2018. “Conflicts and other shortcomings of the law when applying criminal penalties for minors. Social and legal protection of childhood as a priority area of modern public policy” In: Collection of the International Scientific and Practical Conference. No. 28-29 june, Almalybak/ Kazakhstan, pp. 553-561.

SKYBA, Andre, P; SKORIK, Elena N. 2017. “Issues of decision-making on sentence execution: conflicts of criminal, criminal executive and criminal procedural law” In: Bulletin of the Moscow State Linguistic University. Education and pedagogical sciences. Vol. 6, No. 785, pp. 226-234.

SUKHOV, Esuhov, V. 2004. Legal conflicts and methods for resolving them: abstract of a thesis for the Candidate of Law. University of Nizhny Novgorod. Nizhny Novgorod, Russia.

UFIMTSEVA, Valladir, A. 2019. “Conflict criminal law in the history of domestic legislation” In: Historical and legal problems: a new perspective. No. 4, pp. 132-141.

VOLKOV, Kirill Alexandrovich. 2013. “Police crime counteraction activity: conflict of laws on legal regulation of justifiable defense and criminal custody” In: Criminology Journal of Baikal National University of Economics and Law. No. 2, pp. 81-87.

YARMUKHAMEDOV, Rayan F. 2007. Conflicts of law enforcement (theoretical and historical aspect): abstract of a thesis for the Candidate of Law. Kuban State University. Krasnodar, Russia.

Publicado
2020-10-25
Cómo citar
Epikhin, A. Y., Zaitsev, O. A., Tasakov, S. V., Nechaeva, E. V., & Mishin, A. V. (2020). Contemporary Criminal and Criminal Executive Law Conflicts and Ways of Overcoming Them. Cuestiones Políticas, 38(66), 454-462. Recuperado a partir de https://produccioncientificaluz.org/index.php/cuestiones/article/view/34338