THE RULE OF THE PRINCIPLE OF JUSTICE AND THE PROBLEMS OF ITS IMPLEMENTATION IN THE CRIMINAL LAW OF RUSSIA

Abstract

The article is devoted to the analysis of different aspects of the principle of justice in criminal law equalizing and distributing on the basis of the analysis of philosophical and legal thought. The substantiation of the supremacy of the principle of justice is presented. Other criminal law principles (criminal responsibility, humanism, equality of citizens before the law and the court) are analyzed as auxiliary, fully realizing the justice of the law and punishment. The connection between the principles of justice and legality, equality of citizens before the law and humanism, guilty responsibility is demonstrated. It is concluded that the equality of citizens before the law and humanism are different aspects of justice. Under the influence of the principle of justice, a circle of criminal acts is formed. A fair procedure for bringing guilty persons to criminal responsibility is based on strict observance of the principle of guilt, humane attitude to the guilty.
 The article analyzes certain provisions of criminal legislation for compliance with the principle of justice, considers the procedure for implementing legal principles in practice. In order to substantiate the conclusions of the study, a violation of the idea of equality, and, as a result, the ideology of justice, was revealed. Thus, the fact that aggravating the criminal penalty, which is subject to mandatory application, as the commission of an intentional crime by an internal affairs officer contradicts the idea of equality (paragraph «o» of part 1 of article 63 of the Criminal Code of the Russian Federation). Article 88 of the Criminal Code of the Russian Federation provides for the possibility of imposing a criminal penalty in the form of a fine on the parents, legal representatives of a minor who has committed a crime, which contradicts the principle of guilt and is unfair.
 The identity of criminal-legal repression, which is applied both for a single crime and for repeated criminal behavior, should be considered unfair. The ineffectiveness of the criminal law prescriptions of the law on the imposition of punishment for a set of crimes was revealed on the basis of the analysis of judicial practice materials.