Понятие Особенной части уголовного права

In the article the concept of the Special Part of the Russian criminal law is discussed. author considers the definitions of the Special Part existing in criminal law, assesses them. conclusion that the Special Part of criminal law is a system formation is proved; its criminal norms secure most significant public relations. author states that rules of law (norms-proscriptions, norms-instructions) and institutes groups of rules of law providing responsibility for committing certain crimes are elements of the system of the Special Part. genesis of formation of the Special Part of the Russian criminal law is analyzed. conclusion is drawn that the Special Part as a structural element of the text of the statutory act was first allocated in Book I On crimes and Punishment in of Vol. 15 of the Code of Laws of the Russian Empire of 1832 (This volume was called The Code of Criminal Laws). criteria of grouping the criminal proscriptions forming the Special Part of the Russian criminal laws in the 19th-20th centuries are given. interrelation of the General and Special Parts of the criminal code of Russian Federation is shown, affirming that in the system of the Special Part of criminal law the following connections operate: 1) between norms of criminal law and institutes of the Special Part of criminal law; 2) between the institutes of the Special Part of criminal law; 3) between institutes of Special and General Parts of criminal law. author shows interrelation of norms of the Special Part of criminal law with the norms of other branches of law (constitutional, civil, administrative, etc.) defining the objective and subjective signs of different crimes. author considers technical and legal tools of wording the criminal proscriptions in the articles of the Special Part. He asserts that the articles, chapters and sections of the Criminal Code are not the elements of the system of criminal law, but represent technical and legal fragments of a legislative text, allocation of these parts provides logically coordinated, rational, uniform statement of the content of norms of criminal law in the Criminal Code of Russian Federation.