The retroactive effect of the law in the criminal legislation of the Russian Federation
The retroactivity of the law is a legal definition,which is customary to denote the extension of the action of a state-sanctioned act to events that took place before its adoption. In other words, the concept indicates the legality of the onset of legal consequences of the generally binding norm in respect of circumstances at the time of occurrence of which there was another rule of conduct.
According to the generally accepted custom, the law does not haveretroactive force. This provision is a legal axiom. The Constitution of the Russian Federation 54 article excludes the responsibility of persons for an offense that was not so at the time it was committed. But the document indicates that if the new law contains a softer punishment compared to the previous norm, the first is to be applied.
The provisions of the Constitution of the Russian Federation are reflected andare specified in the Federal Law and normative acts of the lower levels. Thus, Article 54 of the Basic Law is duplicated and disclosed in Art. 10 of the Criminal Code. The legislator makes an important addition to the constitutional provision, which corresponds, in the sense, to the wording contained in the document having the highest legal force. But at the same time, the provision of the Criminal Code provides additional guarantees to citizens. So, according to the author's opinion, the inverse force of the law takes place not only if the new norm presupposes a softer punishment, but also if it somehow improves the position of the offender.
This is at first glance a minor addition to thepractice plays a very significant role for the guilty person. Given the general policy of mitigating criminal legislation, which began in a relatively recent past, and as a result, the introduction of changes to a number of articles of this code, it can be stated that the offender has a chance to receive a more indulgent guilty verdict.
It is noteworthy that the retroactive force of the criminalof the law extends its effect to persons serving a sentence in accordance with a previously acting more stringent standard. The criminal process initiated after the commission of an act whose decriminalization is sanctioned by the state ceases, regardless of the stage at which it is located.
In addition to cases of mitigation or elimination of punishmentnew law, the reverse force of the law takes place if there is an indication in the text of the legislative act. This provision is not enshrined in the Constitution of the Russian Federation, or even contradicts it (if we take into account the article according to which FKZ, FZ and other obligatory acts of government bodies should improve, but not worsen the situation of citizens). For this reason, the legitimacy of this rule can be questioned.
The document, which has the highest legal force,was adopted in a nationwide referendum, and it was assumed that the texts of subordinate laws must comply with it. But at the disposal of citizens there is no accessible, effective and well-functioning legal instrument by which they could express their opinion on the admissibility and correctness of the generally binding provisions not related to the Constitution of the Russian Federation. Thus, the rule that the inverse force of the law may be established by the text of a normative act is unconstitutional.