Idrisov N.T. —
About the criminal statutory provision within the system of legislation and law enforcement
// Law and Politics. – 2017. – ¹ 10.
– P. 60 - 71.
DOI: 10.7256/2454-0706.2017.10.43076
URL: https://en.e-notabene.ru/lamag/article_43076.html
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Abstract: This article is dedicated to examination of the essence and content of the criminal statutory provision as a juridical phenomenon. The author defines the legal and social meaning of the criminal statutory provision, reveals its characteristic features, connection with the criminal legal norm, and mechanism of its inclusion into the structure. The statutory provision is viewed in terms of the system of criminal law and law enforcement; the author concurrently emphasizes that the source of the criminal normatively legal regulation, as well as the criminal legal norm can be the law enforcement practice. The subject of meticulous consideration became the classical concept, in accordance with which the legal norm is deemed not only basic, but also primary element of the criminal law system. The term of “statutory provision” was introduces into the criminal legal doctrine in the first half of the XX century, however until the present time the corresponding legal phenomenon remains insufficiently studied. The author suggests a new definition to the criminal statutory provision in social and legal context, as well as provides an original concept of acknowledging the statutory provision as primary element of the general system of criminal law and law enforcement.