The essence of the principle of legality in the criminal law of foreign countries

The article is devoted to the question of implementation in the legislation of foreign countries such fundamental principle of criminal law as the principle of legality. The author emphasizes that the principles represent the dynamism of social and legal processes, and therefore, the main thing is the manifestation of their essence. From the correct, true theoretical understanding of the principles depends directly on their implementation. Legality, in turn, is one of the fundamental principles of the organization of state and public life, which represent, in essence, the fundamental idea of the rule of law and democracy. The idea of legality is a basic element of any democratic state. The author of the article is convinced that the legality of the expressed property of the right to resist arbitrariness in the process of ordering social relations is concentrated. In a rule of law, legality (legality) must be a guarantee of the lawfulness of coercion applied, especially since the criminal law branch is the most stringent branch of law. At the same time, the legislators of different countries, using this principle, use different forms and methods, which does not always benefit the activities of the existing law enforcement agencies in the country. Criminal liability rules, in the opinion of the author, should be concentrated in the legislative acts adopted by the highest legislative body of the state. At the same time, the study found that in a number of states (for example, in the US, France, Germany), even a by-law can be a source of criminal law. The article also notes that with respect to precedents (which serve as a source of criminal law of individual states) it can be stated that it is currently difficult to find a judgment that criminalizes and penalizes any act instead of law or regulation, even in non-English-American legal family.