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2-1(82) 2014 LAW
V. I. Plokchova
Substantiated Conventionalism in the Criminal Law
This article reveals that the agreement concerning the interpretation of norms of the criminal law should be based on social and legal principles. There are four possible aspects of this problem research: interpretation of the conventional norms, the resolutions of the European Court of Human Rights, rules of their correlation with the norms of the RF Constitution, resolutions of the Constitutional court of the RF, criminal law; the interpretation of the constitutional norms according to the criminal law; the inter-branch interpretation of norms, including regulative and criminal law, tort and criminal law in accordance with the RF Constitution and the norms of the international law; intra-branch interpretation of norms of the criminal law which is also based on the RF Constitution, norms of the international law and the regulations of the fundamental sciences. The article mentions the sufficient regulations of the resolutions which have been accepted recently: Plenary session of the Supreme Court of the RF of June 27, 2013 № 21 «About the application of the Convention concerning the protection of human rights and basic freedoms by the courts of general jurisdiction of November 4, 1950 and its Protocols» and the Constitutional Court of the RF № 27‑P of December 6, 2013 concerning the inspection of the constitutionality of the resolutions (Art.11 and items 3 and 4 part 4 Art.392 CPC of the RF) according with the demand of the Presidium of Leningrad district military court.
DOI 10.14258/izvasu(2014)2.1-25
Key words: agreement, interpretation, substantiation, criminal law, convention, resolution, constitution, court
Full text at PDF, 283Kb. Language: Russian.
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