Differentiation and Integration of the Norms of Executive Law

Introduction This paper is concerned with the study of the issues of differentiation and integration in criminal and penal law. Criminal and penal law, being a multilevel system, is characterized by the presence of differentiating and integrative qualities. The differentiation is manifested in the presence of nuanced norms of criminal and penal law, distinguished with account of the specifics of its subject, sectoral methods of legal regulation, functions. The integration in criminal and penal law is noticeable in distinguishing “special-purpose norms” - general norms of criminal and penal law: norms-goals, norms-objectives, norms-principles, norm-definitions. The identification of new social relations emerging at the stage of implementation of criminal responsibility necessitates redistribution of amended and new norms of criminal and penal law, taking into account the logic and the rules of the internal structure of this branch. The goal of this paper is to identify the grounds for differentiation and integration in the legal regulation of penal relations, conducting a scientific analysis of theoretical and practical aspects of peculiarities of public relations emerging in the field of the execution of criminal penalties, as well as developing proposals for improving the existing penal legislation. Methodology: dialectical, formally logical, functional, system structural, comparative legal, as well forecasting methods. Results: The characteristic of division of norms of criminal and penal law – “degree of generality of content” – allows observing the dialectical processes of differentiation and integration in criminal and penal law. Differentiation and integration processes contribute to the formation of amended and new norms of criminal and penal law, new institutions, associations of institutions, and create opportunities for the formation of bigger structural entities – sub-branches. Conclusions/Recommendations: integration processes, as well as differentiating ones, and norms of criminal and penal law at the lowest level of the system are not distinguished by constancy and identity, leading to the development of penal relations. Differentiation and integration of criminal and penal law and the process of reflecting newly emerged or transformed penal relations in the penal legislation should be considered in a dialectical relationship. Special emphasis is placed on the need for the harmonization of newly-created or amended norms of criminal and penal law with current norms for the avoidance of inconsistencies, collisions and gaps. © 2020, Springer Nature Switzerland AG.

Chistyakov A.A. 1 , Golovastova Y.A.2 , Chistyakov K.A.3
129 LNNS
  • 1 Peoples’ Friendship University of Russia, Moscow, Russian Federation
  • 2 Private Higher Education Institution “Moscow Witte University”, Ryazan, Russian Federation
  • 3 Academy of Law and Management of the Federal Penitentiary Service of Russia, Ryazan, Russian Federation
Ключевые слова
Differentiation; Gaps and collisions; Integration; Norms of criminal and penal law; System of criminal and penal law
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