The concept and content of legal effects on crime

In the article the author gives an independent concept of legal influence on the basis of the analysis of legal literature and his own research. The author's definition essentially differs from the traditional position. The author proves the idea according to which the influence on crime by legal means today is of developing, not real character. It is caused by the imperfection of criminal legislation, as a result of which the formally existing means of influence are not practically applied. The judgment of a law enforcer is also important, for means of influence in practical activities can be used subjectively - according to one's own vision of situation, vital circumstances, etc. All this allowed the author to draw a conclusion that the state, carrying out the key role in the mechanism of legal influence on crime, is not the only regulator of public relations developing in connection with crime committing. Practical bodies, whose activity influences on application or non-application of a legal norm, on the intensity of the influence during practical realization of the same positions of law in different conditions, are of great importance, too. Thus, legal influence, in the opinion of the author, is not only special activity of the state on regulation of public relations arising in occasion of commitment of crimes, but also actual activity of law enforcement bodies on application of the means of crime counteraction formulated at the state level.

Keywords

Authors

References