Issue |
E3S Web Conf.
Volume 91, 2019
Topical Problems of Architecture, Civil Engineering and Environmental Economics (TPACEE 2018)
|
|
---|---|---|
Article Number | 08070 | |
Number of page(s) | 8 | |
Section | Environmental Management and Environmental Economics | |
DOI | https://doi.org/10.1051/e3sconf/20199108070 | |
Published online | 02 April 2019 |
Legal activity of an individual in criminal law and environmental policy
1 Academy of the Federal penitentiary service of Russia, Sennaya str., 1, Ryazan, 390000, Russia
2 Ugra State University, Chekhov str., 16, Khanty-Mansiysk, 628012, Russia
3 Surgut State University, Lenin Avenue, 1, Khanty-Mansiysk Autonomous Okrug-Yugra, Surgut, 628412, Russia
4 Tyumen Industrial University, Volodarskogo str., 38, Tyumen, 625000, Russia
* Corresponding author: a.copytowa@yandex.ru
Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in criminal law and explores its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach, dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach, dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology, we can speak of dispositivity in the Russian criminal law, since there are no “pure” or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also analyzes the ratio of the legal activity of an individual (“disposition”) in criminal law and the development of society, using the example of a city. It is stated that the higher the legal activity of a person stipulated by law, the more secure is the position of a person in society.
© The Authors, published by EDP Sciences, 2019
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Current usage metrics show cumulative count of Article Views (full-text article views including HTML views, PDF and ePub downloads, according to the available data) and Abstracts Views on Vision4Press platform.
Data correspond to usage on the plateform after 2015. The current usage metrics is available 48-96 hours after online publication and is updated daily on week days.
Initial download of the metrics may take a while.