Author

SUMACHEV A.V.

Title of article

REVIEW OF THE THESIS BY T.R. SABITOV “CRIMINAL LAW
PRINCIPLES: CONCEPT, SYSTEM AND TYPES”

Section

Section 10. Reviews,reviews, criticism

Issue, year

2 (48) 2019

Abstract

The modern theory of criminal law principles is only a set of disparate ideas, and when making numerous changes to the criminal legislation, these principles are not always taken into account. In this regard, the relevance of the theme of the research is beyond doubt. The reviewer notes the scientific novelty of the research and the author’s approach to determining the place of criminal law principles in the legal system; concretization of the essence of the criminal law principle; establishing the characteristics and functions of such principles; working out the appropriate proposals for improving the criminal legislation and the practice of its application. The reviewer also pays attention to the idea of
creating the system of criminal law principles in accordance with the components of the legal system – static and dynamic. As a matter of discussion, the comments regarding the non-recognition of the
dispositivity as a principle of criminal law by the author of the dissertation, as well as the conclusion of
the applicant about the need to extend the content of part 1 of article 6 of the Criminal Code of the Russian Federation “The principle of justice” “to all criminal law measures applied to the person who
committed the crime”, are made. At the same time, it is stated that the comments made do not affect the overall positive assessment of the thesis.

Keywords

legal system; principles of criminal law; criminal law principles; essence of criminal law principle; functions of principles; improvement of criminal legislation.