Общественные отношения как предмет уголовно-правового регулирования и объект социально-правового воздействия

Abstract

A scientific analysis of the issue of the object of legal regulation has been carried out. It is concluded that it is social relations that constitute the subject of criminal law. The conclusion is argued in favor of the point of view of individual scientists that social relations protected by criminal law exist objectively and independently of the latter. Special attention is paid to the issue of the relationship between the categories of criminal law regulation and socio-legal impact on social relations. The author’s position is formulated on the issue of the legal correctness of the term criminal legal impact on social relations, and a conclusion is made about a more correct and preferable phenomenon – social and legal impact, since in real life there is an implementation of the criminal legal norm and the consequences of its impact are not in pure form, but only in the context of the whole variety of social instruments, the totality of actual legal connections and forms of social cognition. The thesis is argued that the commission of a crime as a legal fact causes the emergence of new criminal legal relations, but only to the extent and within the limits of those specific legal connections regarding human rights and freedoms that were violated by this crime. Consequently, the author proposes to talk about the emergence, existence, and functioning of independent criminal legal relations only conditionally, since in each specific case the crime distorts and violates certain socially useful legal relations protected by criminal law.