On incorrectness of some private law wordings in the text of the Criminal Code of the Russian Federation | Tomsk State University Journal of Law. 2016. № 4(22). DOI: 10.17223/22253513/22/14

On incorrectness of some private law wordings in the text of the Criminal Code of the Russian Federation

The present article deals with a comparatively new legal problem of interrelationship between the rules of private law and criminal law. The author pays attention to the latest changes in the Criminal Code regarding «close people» of the subject of a crime. The quality of the «note» to Article 116 of the Criminal Code seems to be imperfect since it ignores the basics of family law: spouses as well as adopters are called relatives. It is impossible to understand how to define legal relatives. The article substantiates the need to consolidate the efforts of specialists in various branches of law in the sphere of methodological research. The issues of definitions and subsidiarity, priorities of branches and possibilities of adequate analogies are the primary ones. The article has been completed in the light of pre-revolutionary ideas and current legislation of pre-Soviet period. The intrusion of private law into the branches of public law is a logical process, though its tempos are unsatisfactory. Civil law specialists are not actively involved in the theory of private law and do not take its concepts in other branches seriously. The author sets forward some theoretical and practical proposals aimed at both the development of scientific thought and legislation.

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Keywords

методология, понятия, частное право, норма, свойство, сожительство, примечание, близкие лица, methodology, concept, private law, rule, property, cohabitation, note, close people

Authors

NameOrganizationE-mail
Manankova Raissa P.Tomsk State UniversityLaw_tsu@mail.ru
Всего: 1

References

 On incorrectness of some private law wordings in the text of the Criminal Code of the Russian Federation | Tomsk State University Journal of Law. 2016. № 4(22). DOI: 10.17223/22253513/22/14

On incorrectness of some private law wordings in the text of the Criminal Code of the Russian Federation | Tomsk State University Journal of Law. 2016. № 4(22). DOI: 10.17223/22253513/22/14

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