The criminal law in time

The operation of the criminal law in time contains several aspects. In particular, they include:

1. Entry into force.
2. The time of committing an unlawful act.
3. Loss of legal force.
4. Reverse action.

Regulation of the entry into force is implemented by the application of the federal normative act on the appropriate procedure. This operation of the criminal law in time provides that only officially published acts are valid on the territory of Russia. The official publication includes provisions adopted by the State Duma in final form and signed by the head of the country. The law is published within a week after it is signed by the President, and entry into force takes place ten days after publication in official publications.

There is also the concept of an extraordinary order. In this case, the operation of the criminal law in time, expressed in its entry into force, may be reduced or extended. So, for example, during the reform of the law, many normative acts acquired legal force immediately after their publication. At the same time, for larger acts, in some cases, the deadlines are set longer.

Loss of power means that the criminal law is terminated in time. However, its norms can not be applied to crimes that have arisen after this. The theory of the law under consideration provides for the loss of the legal force of the law on two grounds. So, the act can be canceled or replaced (actually canceled).

Replacement involves the adoption of a new act that ensures the regulation of the same social relations as the previous one. At the same time, the criminal law is not officially repealed in time by a new act. In some cases it is not easy to determine which norms are no longer valid, and whether there is any loss at all. This circumstance can provoke various collisions. In this regard, the criminal law more than other industries, prefers the cancellation of the act.

The cancellation takes place in cases when the act is abolished by a competent state body. This circumstance is fixed in the act in the following ways:

1. The publication of an independent law. He removes the power of the previous one.
2. Publication of the list of acts that have lost force on the basis of the adoption of a new one.
3. Indication of cancellation in the new law, replacing the past.
4. An indication in the provision fixing the order of entry into force of the new instrument.

The features of the criminal law provide for special principles of its functioning. So, they allocate immediate activity, ultraactivity, retroactivity.

Immediate action provides for the extension of the provision to acts that have arisen after its entry into force. This activity of the act is normal, ordinary, basic.

When a crime is committed during the period of the previous law, even if it has lost its force at the time of the charge, initiation of a case or conviction, the norms of this, the previous law, apply to the offender. Thus, the old act in some way "experiences" the time allotted to it.

Retroactivity is the dissemination of a new law or provision for crimes that arose before its entry into force. At the same time acts that fix the crime of the act, increase the degree of punishment or otherwise worsen the situation of the citizen, do not have retroactive effect.

It should be noted that there are two types of reverse action: revision and simple. The last of them is the spread of a newly adopted, softer act on the offenses against which the judgment did not come into force. Revision reverse action is the extension of the newly adopted law to decisions that have entered into force.