Sources of specification and interpretation of the prescriptions of a special part of Russian criminal law

Abstract

The article examines the system of formal sources of Criminal Law, which, during consideration and analysis, is thought of as a set of forms of expression of criminally relevant information, differentiated depending on the content of information, subjects of its presentation, purpose in the mechanism of criminal law regulation and clearly falling into two related groups: related to the criminal law prohibition in as a whole and to the composition of the crime. As the main conclusion, a system of formal sources of a Special part of Criminal Law is proposed, consisting of two groups of acts: a) normative acts, which are represented by sources of establishing a criminal law prohibition (the Criminal Code and the code of responsibility for criminal acts of a low degree of danger) and sources of specifying the prohibition (resolutions of the Government of the Russian Federation and resolutions of the Plenum of the Supreme Court of the Russian Federation); b) non-normative acts, which are represented by sources of non-mandatory (doctrinal documents, acts of unauthorized state bodies, rulings of the Supreme Court of the Russian Federation) and mandatory (decisions of the Constitutional Court of the Russian Federation and decisions of the Presidium of the Supreme Court of the Russian Federation) interpretation.