Aspects of consideration of forms of criminal liability
In present article aspects of consideration of forms of the criminal liability are considered and elements of the characteristic of each of aspects are defined. Necessity of system consideration of forms of the criminal liability and the account not only statistical characteristics, but also dynamic is marked. Differences of understanding of terms «the criminal liability form» and «the form of realisation of the criminal liability» are specified. Author's definition of the form of the criminal liability is resulted. The attention to actual changes of the criminal legislation is paid. The treatment of the legal nature of a new criminally-legal measure in the form of the judicial penalty Is offered. Consideration of the judicial penalty is carried out through signs of the form of the criminal liability which are resulted in author's representation. Value of introduction of new structure of the crime provided by art. 361 by the Criminal code of Russia «the Certificate of the international terrorism», from the point of view of politiko-legal value is shown. Lacks of division of subjects of legal regulation of various branches of the right with reference to realisation of forms of the criminal liability for subjects criminally-legal relations, not possessing the juridical education are marked.