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§ 1. Concept criminally-legal mechanism protection of the rights and freedom of the patient

From the moment of declaration in the Constitution of the Russian Federation of the common right of the person on health protection and medical aid the problem of legal registration of relations in public health services system is in an orbit active obsuzhde - nija representatives of legislative and executive branches of the power, juridi - cheskoj and the medical doctrine, applied medicine and public or - ganizatsy on protection of the rights of the patient.

So steadfast attention to potrebno - stjam a legal regulation of sphere medical and pharmaceutical about - sluzhivanija the population speaks appreciable growth of quantity of disputed cases between doctors and the patients, received wide public re - zonans thanks to publications in mass media. Trying to neutralise increasing pressure between executors also consume - ljami medical services, the state has followed a way of dynamical acceptance of the normative acts directed on preservation and strengthening of physical and mental health of people. Operative reaction of the legislator to available contradictions in social relations should be estimated polo - zhitelno. The increase in number of legal documents zdravoohrani - telnogo character promoted perfection structural kompo - nentov a legal status of the patient and the medical worker, to specification kri - teriev qualities fast, specialised, including vysokotehnologich - ache medical assistance. At the same time, observable active normotvorcheskaja practice in the public health sphere, quite often accompanied fragmen - tare innovations, is characterised by the expressed lacks. The Game -

Being aligned on the maintenance of separate institutes public health zako - nodatelstva, normotvortsy it is groundless do not give due attention to objectively existing requirements for working out of the complete mechanism of maintenance of the rights, freedom and interests of persons not contradicting the law, obrashcha - jushchihsja in federal, municipal or private medical - preventive establishments behind service of medical and biologic character. The norms not connected by uniform legal logic and positions by time porozh - give invincible obstacles in struggle against professional criminality of medical workers. « Existing practice of hasty acceptance not - small quantity of laws without presence of the mechanism of realisation of the rights demands further entering into them of changes and additions, or detailed tolko - vanija, acceptances of the governmental orders of the Russian Federation, others subordinate legislation norm - of tivno-legal acts. If shiro - kie the civil rights and their protection, it is possible to create the legislative base proclaiming rather quickly, about - rashchajas to the saved up domestic, foreign and international legal material elements of the mechanism of realisation of the civil rights and discharge of duties can be generated only for long enough term of laborious work: scientific, pravotvorcheskoj, about -

svetitelskoj, pravoprimenitelnoj, organizational »1.

Consideration of essence and structural components criminally-legal mechanism protection of the rights and freedom of the patient from the point of view of methodology izuche - nija corresponding categories is logical for beginning with a formulation defini - tsii criminally-legal mechanism and the analysis of its integral signs.

The reference to the theory is criminally-legal mechanism dictated neobhodi - mostju formings interconnected and vzaimoobuslovlennyh components of protection of the rights and freedom of the patient in logically complete design. Obos - novanie definitions criminally-legal mechanism, its structural kompo -

nentov, functional communications and action limits will allow to reflect nakop -

1 Vavilin E.V.mechanism of realisation of the civil rights and discharge of duties: avtoref. dis. … d-ra jurid. Sciences. M, 2009. With. 3.

lennye fundamental knowledge in theoretical model on realisation ugo - a lovno-legal mechanism of protection of the rights and freedom of the patient from criminal on - sjagatelstv and to their prevention. Actual conditions for working out of such design are at the moment created by efforts normotvorcheskoj and pra - voprimenitelnoj experts, representatives of scientific community. So, the domestic legal system last years has essentially extended at the expense of acceptance of the numerous standard documents regulating sphere of health protection of citizens and rendering of medical assistance. Scientific and practical workers give comments on application of legal rules and positions, sorientirovannyh on ordering separate naprav - leny to medical, pharmaceutical, psychiatric, genno-engineering activity. The modern legal doctrine was enriched with results of the researches which practical introduction has rendered positive vozdej - stvie on quality of the mediko-social help rendered to the population. Nakop - lennye knowledge, skills have allowed representatives pravoohranitel - nyh bodies and vessels to unify practice of qualification of offences in public health services system.

The basis of investigated concept is constituted by the term "mechanism", leksiche - skoe which value reveals in specialised help izda - nijah, widely operate with it in the general theory of law and branch jurisprudence. The big explanatory dictionary of Russian explains a word meaning "mechanism" in four semantic shades: 1) set movably soedi - nennyh the parts making under the influence of enclosed forces set dvi - zhenija; the device of the car, the device, the device, etc.; 2) the internal device, system something; 3) a technique (it is peculiar oral, informal conversation); 4) with - vokupnost conditions and processes of which develops any fizi - cheskoe, chemical, physiological, psychological and so forth javle -

ние1. Its synonyms are words "car", "device" 2.

1 See: the Big explanatory dictionary of Russian. SPb., 1998. With. 539.

2 See: Aleksandrova Z.E.dictionar of Russian synonyms / under the editorship of L.A.Cheshko. Izd. 4, it is reproduced - noe. M, 1975. With. 224.

Composers of Russian explanatory dictionary understand as the mechanism: 1) the device, the adaptation consisting of movably connected parts, with - vershajushchih under the influence of the enclosed forces the set movement; 2) vnutren - it the device, system; 3) set of processes on which is based any явление1. The dictionary of foreign words and expressions describes semantic loading of concept interesting us as: 1) the device for pereda - chi and the movement transformations, representing system of bodies; 2) vnut - rennee the device, system something; 3) set of conditions and processes of which develops any явление2.

The essence of the presented explanations testifies that philologists -

cheskaja the science adheres to a uniform position at treatment of the semantic maintenance of a word "mechanism". In common value it ohvatyva - et set vzaimoobuslovlennyh the components necessary and dostatoch - nyh for ordering of a wide range of the phenomena and processes. The resulted universal interpretation is taken for a basis by many representatives gumani - the tare sciences, by using a category "mechanism" for a substantiation teore - ticheskih the designs which functional purpose is focused on achievement of progressive results in various spheres actively - sti people. Strongly pronounced interest in application specified ka - tegorii is shown by sciences of a legal cycle. In jurisprudence you - operate

razhenijami «the legal regulation mechanism» 3, «the mechanism legal a cart -

Actions »4,« the right protection mechanism »5,« the mechanism of realisation of the right »6,

1 See: Lopatin V.V., Lopatin L.E.Russian the dictionary. – 5 izd., a stereotype. M, 1998. With. 292-293.

2 See: the Dictionary of foreign words and expressions / a bus – sost. E.S.Zenovich. M, 1998. With. 293.

3 See: Alexeys S.S.mechanism of legal regulation in the socialist state. M, 1966; Groshev

A.V.function of sense of justice in the mechanism of criminally-legal regulation: avtoref. dis. … Dr.s jurid. Sciences. Ekaterinburg, 1997; Kropachev N.M.mechanism of criminally-legal regulation: dis. … Dr.s jurid. Sciences in the form of the scientific report. SPb., 2000.

4 See: Kogan V.M.Sotsialnyj the mechanism of criminally-legal influence. M, 1983; Dujunov V. K. The mechanism of criminally-legal influence: Theoretical bases and realisation practice: avtoref. dis. … Dr.s jurid. Sciences. M, 2001; Chuchaev A.I., Firsov A.P.criminally influence: concept, object, the mechanism, klassi -

fikatsija. M, 2010.

5 See: Fefelov P. A. The mechanism criminally-right protection. The basic methodological problems. M, 1992;

Stupnikov A.G. of intellectual property right protection (theory questions): avtoref. dis. … kand. jurid. Sciences. M, 2001.

6 See: Zavadsky L.N.mechanism of right realisation. M, 1992; Sulejmanov T.A., Pavluhin A.N., Eriash twisted N.D.mechanism and forms of realisation of norms of criminal law. M, 2007.

«The mechanism of maintenance of the rights and freedom of the person» 1, «the mechanism of restriction of the rights and freedom of the person and the citizen» 2, «the mechanism of formation lawful on - conducting» 3, «the mechanism of realisation of the civil rights and execution is obliged - nostej» 4 etc. Wide use of the term "mechanism" in the name and structural constituting monographic works testifies to that,

That the methodological potential of a considered category is capable obespe - chit favorable conditions for the decision of the problems facing to branches of jurisprudence. «It is important only that prestigiousness corresponding on - njatijnogo the device in terminology has not led unjustified them is vaniju, and from here to depreciation of this problem, loss by it necessary oprede - lennosti: to its such statement at which any consecutive communication between the legal phenomena would form the basis for designing on - njatija the mechanism, besides sometimes connected with aspiration to present it it is not unique almost justified in the scientific relation» 5. In all cases the functional purpose of a category "mechanism" consists in system struk - turirovanii the internal constituting legal validity.

Joining in jurisprudence sphere, concept of the mechanism it is enriched kache - stvenno by the new signs defining its legal nature and an office role, giving positive dynamics social javleni - holes and to processes. In the got status a studied phenomenon well-known "legal mechanism" under a name, the volume of which constructive properties is caused by approaches existing in the doctrine to statement and the decision of a concrete problem. Use of its methodological potential in a plane of functioning of legal rules allows productively

To order and develop public relations, it is positive vozdejstvo -

1 See: Mordvinian A.S. the mechanism of maintenance of human rights and the citizen. Saratov,

1996; Avdeev D.A.legal mechanism of maintenance of the rights and freedom of the person and the citizen in subjects of Russia - skoj Federations: avtoref. dis. … kand. jurid. Sciences. Tyumen, 2004.

2 See: Ashihmina A.V.konstitutsionno of restriction of the rights and freedom of the person and the citizen:

dis. … kand. jurid. Sciences. Volgograd, 2009.

3 See: Nurpeisov E.K.mechanism of formation of lawful behaviour of the person: avtoref. dis. … kand. jurid. Sciences. M, 1980.

4 See: Vavilin E.V.mechanism of realisation of the civil rights and discharge of duties: avtoref. dis. …

Dr.s jurid. Sciences. M, 2009.

5 Alexeys S.S.general theory of law. In two volumes. T II. M, 1982. With. 11.

vat on behaviour of people to provide with protection objects legal regulirova - nija, to guarantee realisation of rights and personal freedoms etc.

The basic aspects of the phenomenon named a legal mechanism, became a subject of studying of theory of state and law. Among the first concept pra - vovogo the mechanism has filled K.V.Shundikov's with corresponding maintenance. According to the scientist, the legal mechanism is «necessary and sufficient for achievement of the concrete legal purpose a system complex juridiche - skih the means consistently organised and operating stage by stage under the certain is standard set scheme (procedure)» 1. A little later the author has introduced corrective amendments in the quoted definition which have not rendered influence on its intrinsic components: «the legal mechanism is obektivi - rovannyj at standard level, is system the organised complex juridi - cheskih the means, necessary and sufficient for specific goal achievement (set of the purposes)» 2.

In the definitions formulated by K.V.Shundikovym turn vnima -

nie on itself signs, characteristic to a legal mechanism. The first of them for - krepljaet, that a legal mechanism represents obektivirovannyj at standard level a stable complex on structure of legal means. To destination specified property urged to reflect the material nature and internal structure of a considered phenomenon. «Legal means» the author uses concept in a broad sense, covering it legal regu - ljatory, «differing specificity of the nature and structure, and also konkret - nymi problems and functions. These are rules of law, legal principles and pre - zumptsii, rights and legal obligations, interdictions and sanctions, privileges and encouragements, juridical facts, legal relations, legal in - stituty, procedures, modes and mechanisms, dogovory and pravoprimenitelnye

Certificates, various pravorealizatsionnye actions and operations and so forth »3.

1 SHundikov K.V.mechanism of legal regulation: the manual / under the editorship of A.V.Malko. Saratov, 2001. With. 42.

2 SHundikov K.V.legal mechanism: theory bases//the State and the right. 2006. № 12. With. 15.

3 SHundikov K.V.mechanism of legal regulation: the manual / under the editorship of A.V.Malko. Saratov, 2001. With. 36.

Second sign in the definitions quoted earlier specifies, that pra - vovoj the mechanism is formed not by any set, and is system organizo - a bathing complex of the legal means functioning together. «The legal mechanism could not execute the functional purpose, – generalises K.V.Shundikov, – if was only any set razlich - nyh legal phenomena, would not be the organic system, a steady complex of the interconnected legal tools called« to work "as an unit" 1.

Third sign explains, that the legal mechanism is designed for

Realisations of a specific goal or set of the purposes. The purposes of legal fur - nizma, in representation of the scientist, cover functional and subject reference points. The functional purpose of a legal mechanism is reached posred - stvom practical use of standard tools by subjects of legal relations. The subject purpose reflects «end results which should come at use of legal means in practice, a game - kretnye the consequences of legal regulation expressed in certain changes in system of social relations which did not exist to is -

Usings of legal toolkit »2.

The short analysis of the presented set of signs allows a game - statirovat, that at level pravoponimanija they bring due clearness in legal mechanism definition. Such set in quantitative from - carrying is minimum, but is sufficient for perception of its essence, funktsio - nalnoj orientations, an action end result. Universal ha - rakter to the offered definition of a legal mechanism allows rasprostra - a thread its value on separate branches of the Russian legal system, prini - May in attention thus specificity solved by concrete branch zakono - datelstva problems. We are solidary with O.E.Lejsta's position that «concepts,

With which the theory of state and law, on degree obobshchennosti operates

1 SHundikov K.V.legal mechanism: theory bases//the State and the right. 2006. № 12. With. 17.

2 SHundikov K.V.decree. soch. With. 16.

Should matter for all branch sciences »1. Is not an exception of the aforesaid the branch of the criminal law objectively testing on - trebnost in a system substantiation of all process of counteraction prestup - ности2.

At the same time, in presented to scientific community for judgement legal mechanism definition some errors which essentially do not reduce its qualitative characteristics are found out. As otme - chalos earlier, to number of the integral signs of a legal mechanism the author from - carries standard and pravorealizatsionnye legal means. Under juri - dicheskimi means he suggests to understand «taken in unity sovokup - nost legal establishments (tools) and forms pravorealizatsionnoj experts with which help interests of subjects of law are satisfied and

Achievement of socially useful purposes »3 is provided. Such interpretation

Values of expression «legal means», as a matter of fact, it will be adjusted with vyrabo - tannym in theory of state and law the doctrine about legal средствах4. But mozh - but whether to recognise successful use of the term combining mnozhe - stvo the generalised ways of realisation of requirements of participants pravootno - sheny, as a legal mechanism sign? In our opinion, the answer on on - stavlennyj a question is obvious, and it will be negative. At a formulation of the maintenance of so significant legal design its composer should use categories which have extremely concrete, standard lexical value, clear for pravoispolnitelej and pravoprimenitelej. The term «legal means» does not meet shown requirements. Neither in the general theory of law, nor in branch sciences by the present moment scientist

It was not possible to reach unity in sights of essence of given feno -

1 Lejst O. E. Sanctions and responsibility by the Soviet right. M, 1981. With. 127.

2 See: Rarog A.I.principle sistemnosti the rights and development of the criminal legislation//Criminal law:

Development strategy in the XXI-st century: materials of 3rd International scientifically-practical conference. M, 2006. With.

3-4; Bezverhov A.G.system the approach in a criminal law science//Sistemnost in criminal law. Materials

II Russian Congress of the criminal law which has taken place on May, 31st - on June, 1st, 2007 M, 2007. With. 50-54.

3 SHundikov K.V.mechanism of legal regulation: the manual / under the editorship of A.V.Malko. Saratov, 2001. With. 32.

4 See: Matuzov N.I., Malko A.V.theor: the textbook. M, 2005. With. 507; Malko A.V.right vye means: theory and practice questions//Magazine of the Russian right. 1998. № 8. With. 66-77.

Exchange which would find expression in recognised as the majority spetsiali - stov definitions. Starting with logic of judgements of K.V.Shundikova, in structure pra - vovogo the mechanism the role of an independent element is taken away to rules of law, legal principles, rights, legal obligations, for - pretam, to sanctions, privileges, encouragements, juridical facts, legal from - carrying, legal institutions, procedures, modes and mechanisms, the right - primenitelnym to certificates, various pravorealizatsionnym to actions etc. In the listed variety various by the nature, functions and problems of legal tools and forms pravorealizatsionnoj experts separate components obviously are not entered in the legal mechanism scheme. Certainly, representations about any structure are conditional, but also the convention should have the borders. The recognition of the right, the legal obligation, juridi - cheskogo the fact, sanctions of the rule of law, the legal institution, a mode, fur - nizma an internal element of a legal mechanism means an exit for admit - mye convention frameworks. So, hardly somebody will manage to find powerful ar - gumenty, confirming the thesis that as a component of legal fur - nizma the legal mechanism acts.

The most obvious contradictions are found out by sopostavle - nija author's understanding of a legal mechanism and separate versions of legal means. Spending theoretical border between legal furs - nizm, the legal institution, a legal regime and others legal katego - rijami, the researcher formulates a number of intermediate conclusions, I complicate - shchih perception of an analyzed legal design. According to them, pra - vovye mechanisms join in structure of legal institutions as them reguljativnyh components. In turn the legal regime, in comparison with a legal mechanism, is proved as the phenomenon having more scale - nyj object воздействия1. Comparison of the received conclusions with earlier prive - dennymi judgements testifies, that the named legal phenomena not

Can serve as a legal mechanism part. Otherwise will be naru -

1 See: SHundikov K.V.legal mechanism: theory bases//the State and the right. 2006. № 12. With. 19-20.

sheny rules of formal logic about a parity of a part and whole. For the same reason as one-serial categories it is impossible to consider the rule of law and the sanction. The sanction acts as a structural component of the rule of law which mission consists in direct influence on the addressee on - means of change of the legal status in the worst or the best for it сторону1.

Having put abreast equivalent signs of a legal mechanism pravoot -

Carrying, rights, legal obligations, juridical facts, certificates of realisation of rights and duties, the scientist deforms sense of theories about conditions of occurrence, the termination, change of legal relations and their maintenance. At level of the doctrine rights, legal obja - zannosti, juridical facts, certificates of realisation of rights also it is obliged - nostej it is not accepted to consider out of правоотношений2. However it not the most important error of the author about essence of a legal mechanism. In special researches legal relation is considered as a special kind of communication of the right with public relations regulated by it. According to R.O.Halfinoj,

«In it it is dialectically combined abstraktnost norms with concreteness danno - go the vital relation» 3. Legal relation, acting objective projav - leniem the legal rule in social sphere, does not characterise internal essence of a legal mechanism. Creation of legal mechanisms the state forms conditions for satisfaction of necessary requirements of citizens in the long term. Within the limits of concrete legal relation it is possible to consider process of their realisation only as legal mechanism reflexion in real dejstvi - telnosti. Therefore neither legal relation, nor closely connected with it subektiv - nye the rights, legal obligations, juridical facts, certificates of realisation of rights and duties cannot be allocated by properties at -

Legal mechanism sign. According to the logic of the stated judgements in quality bazo -

1 See: Razgildiev B.T.criminal law: concept, the realisation form, the criminally-legal characteristic neko - toryh its elements//the Bulletin of the South Ural state university. 2003. № 12. A series "Right". Release 4. With. 23-24.

2 See: Kulapov V.V. Problemy of theory of state and law: the manual. Saratov, 2009. With. 345.

3 Halfina R.O.Obshchee the doctrine about legal relation. M, 1974. With. 6.

vogo a legal mechanism element it is expedient to recognise vzaimoobuslov - lennuju the right body of rules. Regulating the legal status uchastni - kov legal relations, they design model of lawful behaviour fi - zicheskih and legal bodies. Their set should be sufficient for the decision of socially significant problems facing to corresponding branch of the legislation.

Proceeding from a branch accessory and a functional purpose, the legal mechanism model in jurisprudence is used for streamlining of socially significant relations and maintenance of their stable development, from a building of guarantees of realisation of the rights and freedom of the citizen, rendering a positive - nogo influences on behaviour pravoispolnitelej, protection private and publich - nyh interests from criminal trespasses. Universal character instru - mentarija draws of a legal mechanism attention of a wide range of the scientific and practical figures directing the professional efforts on on - vyshenie of quality of ability to live of people in various spheres. The maintenance formulated before the present work of the purpose and problems dictates neobhodi - most in concept development criminally-legal mechanism and definitions of its office role. The urgency of the reference to the specified problem is caused by that concepts of a legal mechanism available in the general theory of law do not consider branch specificity of the criminal legislation, it is nogo missions.

In the doctrine of criminal law a category "criminally-legal mechanism" use often enough. Including it in names and structural parts of monographic and educational editions, authors try to generalise is saved up - nyj counteraction experience to separate kinds of criminality and to give it si - stemnyj a kind. Experts managed to put in pawn the methodological base in the term basis criminally-legal mechanism. However the jurisprudence till the present moment has not received the adjusted result concerning the maintenance and the components forming the considered phenomenon. Sovre - mennoe the understanding criminally-legal mechanism reflects two key under -

Course to definition of social appointment of criminal law. In frameworks per - vogo from them the criminal law is allocated reguljativnoj with function. Its prehundred - viteli give to instructions of the criminal law property sound juri - dicheskih the norms regulating positive relations, including I arise - shchie in sphere of health protection of the person and rendering medical помощи1. Vto - paradise the concept denies reguljativnyj potential criminally-rules of law and positions. It takes away a problem of protection of public relations, uporjado - chennyh norms of other branches of law and legislations (constitutional, international, civil, labour, financial, ecological, zdra - voohranitelnogo, transport, etc.) 2. The mismatch of scientific positions concerning a base criminally-legal category does not promote formiro - vaniju unequivocal representation about the social nature, a direction and gra - nitsah criminal law actions. The shown situation induces to search of additional arguments in favour of one of the presented points of view, allowing to use at a definition substantiation criminally-legal mechanism protection of the rights and freedom of the patient perspective results of scientifically - research activity.

Actively defends the theory of regulation by criminal law obshche - stvennyh N.M.Kropachev's relations. Criminally-legal regulation it considers as a special case obshchesotsialnogo regulations, and furs - nizm criminally-legal regulation recognises as a component of the general mechanism of legal regulation. The scientist consistently insists that the subject of criminally-legal regulation is represented «by the expert - pekt, the party of the public relations developing in most various

Areas of a public life in which frameworks the behaviour is carried out,

1 See: Prokhorov V. S, Kropachev N.M., Tarbagaev A.N.mechanism of criminally-legal regulation: norm, legal relation, responsibility. Krasnoyarsk, 1989. With. 40; Lopashenko N.A.bas criminally-legal an action cart-: criminal law, the criminal law, the criminally-legal policy. SPb., 2004. With. 15-43; Pavlova N.V.criminally regulation of medical activity: avtoref. dis. … kand. jurid. Sciences. M, 2006. With.

12-13; Petrov G.O.Ugolovno-pravovoe regulation as a kind of social regulation//Black holes in

The Russian legislation. 2011. № 4. With. 75-80.

2 See: Brajnin JA.M.criminal law and its application. M, 1967. With. 21-23; Razgildiev B.T.problem criminally - go the rights of the Russian Federation and their realisation. Saratov, 1993. With. 12-29; neznamova Z.A.collision in ugolov - nom the right. Ekaterinburg, 1994. With. 185-192; SHishko I.V.economic of an offence: questions juridiche - skoj an estimation and responsibility. SPb., 2004. With. 116-131; A.P.concept's Goats of a crime. SPb., 2004. With. 742.

Corresponding to requirements criminally-rules of law »1. According to the logic of the author, social communications cannot be effectively ordered one branch of law. The public relation, levels and the forms of behaviour forming its maintenance, are so many-sided, that for normal existence and razvi - tija it requires services of various branch legal modes. The sense of the presented judgements has allowed it to draw a conclusion what not probably to allocate group of the public relations constituting a subject of regulation of any one branch of law. All set of public relations becomes a subject legal reguliro - vanija for all branches of law and the legislation.

In a position of professor N.M.Kropacheva some are found out vnut - rennie the contradictions which have induced scientific figures to continuation a game - struktivnyh of discussions within the limits of the doctrine about a subject of criminal law. Glubo - which judgement of the essential problems providing the decision of problems facing to branch of law, is realizable only «in discussion, at presence vozrazhe - ny, only at potential possibility to state not only true, but also doubtful ideas» 2. The researcher who «in this discussion will find out rational grain, will by all means reach productivity in area … ugo - lovnogo the rights» 3.

Polemizing with the author and adherents of the concept of the mechanism ugolov -

But-legal regulation, N.V.Henr finds out the vulnerable moments in their judgements concerning the maintenance of a subject of criminal law. On the one hand, researchers «deny existence of branch subjects pra - vovogo regulations, but, on the other hand, there and then recognise in quality tako - vyh"parties"of public relations. Besides they do not give definition

"Parties", "aspect" of the public relation. It turns out, that "aspect" –

This same public relation, to which regulation that is applied

1 Kropachev N.M.criminally regulation. The mechanism and system. SPb., 1999. With. 54; Prokhorov V. S, Kropachev N.M., Tarbagaev A.N.mechanism of criminally-legal regulation: norm, legal relation, the answer - stvennost. Krasnoyarsk, 1989. With. 34.

A.D.reflection's 2 Sugars about progress, peaceful co-existence and intellectual freedom//philosophy Questions. 1990. № 2. With. 16.

3 Kerimov D.A.methodolog of the right (a subject, functions, legal philosophy problems). M, 2000. With. 5-6.

Or other branch method (mode). To structural isolation this "aspect" does not come under, that at consecutive, logical reasonings leads to thought on a recognition a subject of criminally-legal regulation actually all relations which exist in a society and in which the last zain - teresovano »1.

Moderate liberal views in an estimation of a sight of authors collective mono -

grafii «the Mechanism of criminally-legal regulation» about criminal law shows B.T.Razgildiev. The professor pays attention that re - zultaty creative search of scientists positions essentially new to the legal doctrine include. Characterising a subject criminal pra - va, they do not allocate its any block (a crime or punishment) or a kind criminally-legal relations, and speak about criminal law as a whole.

«It is correct, – writes B.T.Razgildiev, – as rule of law everyone criminally - or criminally-legal status, so far as they harakteri - zujut criminal law, anyhow influence the person. An essence of it an action cart - and it is important, consists in formation of behaviour of the person, soot - vetstvujushchego to requirements criminally-rules of law. At the same time hardly it is possible to agree with authors, that as a subject the parties of public relations act. Actually public relations … preter - pevajut changes it is not direct, and oposredovanno through behaviour of persons, on consciousness and which will the criminal law operates. But not on the contrary, as

Authors »2 mark.

Developers of original doctrines about a role of the criminal legislation in legal order maintenance convince that the subject criminally - legal regulation does not include all developed set obshche - stvennyh relations. N.V.Henr limits directions of criminally - legal influence on public practice by basic relations, obshche -

Precautionary relations and the relations arising in connection with

1 Henry N.V.subject of criminal law: genesis of scientific thought and a problem of modern interpretation. M,

2010. WITH. 68.

2 Razgildiev B.T.subject, a method and function of criminal law of Russia//Criminal law of Russia: a course le ktsy:

In 6 t. / under the editorship of B.T.Razgildieva. Saratov, 2004. – T. 1. Kn. 1. With. 23-24.

Injury. To each independent direction it takes away sob - stvennyj a subject: criminally-right protection, criminally-legal vozdej - stvija and criminally-legal регулирования1. Thus the scientist turns vni - manie that «a branch subject according to which the criminal law stands apart in the general system of the national law, the subject of criminally-legal regulation (that is the relations arising between the guilty person and the state)» 2 is only. Other relations which in with - the time legal literature quite often join in a criminal law subject, proceeding from conclusions formulated by N.V.Henr, are not exposed pra - vovomu to ordering. The criminal law on them renders only an inform - tsionnoe and tsennostno-focusing influence.

According to B.T.Razgildieva, possibilities criminally-legal reguli - rovanija are settled by influence on behaviour pravoispolnitelej. Defining as a subject of criminal law of the person regarding its deduction from from holding court of crimes, the author excludes public relations from sphere criminally-legal регулирования3. Proceeding from the maintenance of item 2 UK the Russian Federation, before criminal law is not put a problem of ordering public otnoshe - ny. Reguljativno-obliging property of system criminally-rules of law and positions is focused on maintenance of safety public otnoshe - ny, received uregulirovannost at level of other branches the legislator - stva. In the light of told the professor calls into question the thesis that ugo - lovnoe the right simultaneously regulates and protects public отношения4. Positive changes in social communications, it is frequent assotsiiruemye scientists with result of criminally-legal regulation, B.T. Razgildievym estimate - vajutsja as a consequence of the mediated criminally-legal influence

On public relations.

1 See: Henry N.V.subject of criminal law: genesis of scientific thought and a problem of modern interpretation. M, 2010. With. 74.

2 Henry N.V.subject and a method of criminally-legal regulation: avtoref. dis. … Dr.s jurid. Sciences. Ryazan,

2011. WITH. 28.

3 See: Razgildiev B.T.subject of criminal law//the Subject of criminal law and its role in formation ugo - lovnogo legislations of the Russian Federation: scientifically-prakt. konf., posvjashch. Memories of prof. A.N.Krasikov (on April, 25-26th, 2002) / otv. red. B.T.Razgildiev. Saratov, 2002. With. 22-24.

4 See: Razgildiev B.T.criminally influence and its limits//Jurisprudence. 2011. № 2. With. 179.

The sense of the presented judgements at all does not mean, that the modern legal doctrine is discharged of working out of bases legal reguliro - vanija in sphere criminally-legal relations. Being in process of active reconsideration, the theory of criminally-legal regulation receives development in works of the researchers leaving for traditional frameworks of understanding sotsi - alnogo influences and realisations of the criminal legislation. New teore - tichesky the approach to definition of a place and a criminal law role in influence on social relations has offered JU.S.Zharikov. Criminally-legal regu - lirovanie it characterises as «creation in the form of the criminal law siste - we of the norms, defining principles and the criminal liability bases, criteria of illegality of the acts which are behind frameworks legal dozvo - leny, and punishability of persons for their fulfilment, establishing legal for - prety and providing fair punishment for their infringement, and also ordering public relations though to external signs and jav - ljajushchiesja illegal, but on the character not falling under ugo -

lovnuju responsibility owing to the social utility »1.

The formulated JU.S.Zharikov a definition differs from having resisted - shihsja in jurisprudence of sights at legal regulation. In it ugo - lovno-legal regulation associates with formation of set of is standard-legal means and the methods providing conditions for holes - malnogo of existence and development of positive relations, received due orderliness at level of other branches of the legislation. Origi - nalnost author's thought it is shown in the thesis according to which «regulja - tivnaja criminal law function is expressed not in regulation of public relations, i.e. creation of a society necessary for ability to live pra - vovogo fields, and it is turned as though in inside criminal law, defining neob - hodimye positions for realisation of guarding function» 2. Starting with lo -

giki the researcher, working out and acceptance by participants normotvorcheskogo

1 Zharikov JU.S.criminally regulation and the mechanism of its realisation. M, 2009. With. 32.

2 Zharikov JU.S.criminally regulation and the mechanism of its realisation. M, 2009. With. 77.

Process of structural components of the criminal law creates objective conditions for the decision of the problems facing to branch. Offered obshche - stvennosti the idea of an identification of criminally-legal regulation with kontsep - tualnym criminal code designing causes theoretical inte - res. But the value which has settled in legal practice of a category legal re - gulirovanija finds out in JU.S.Zharikov's scientific position vulnerable mo - cops. The expression use «criminally-legal regulation» for opi - sanija process of creation of the criminal law will not be adjusted with a definition pra - vovogo regulations. In the general theory of law at axiom level it is known, that legal regulation represents «carried out by means of the right and all set of the right means legal influence on obshche -

stvennye relations »1. Identifying formation of the internal I constitute -

shchih the criminal legislation with criminally-legal regulation, is - the inspector misses from attention, that the mechanism of creation of the criminal code is based on a complex of the legal documents which have been not included in struk - to round of branch of the guarding right. Now the system of actions, on - hence reflecting legislative process, is regulated the Game - stitutsiej the Russian Federation, the Federal act from June, 14th, 1994 «About an order opubliko - vanija and coming into force of federal constitutional laws, federal - nyh laws, certificates of chambers of Federal assembly» 2, regulations of chambers Fede - ralnogo Meetings. The stated arguments call into question the founder - nost the concept considering activity of competent bodies on working out of the criminal law as the phenomenon, called criminally -

Legal regulation.

It is necessary to notice, that JU.S.Zharikov is not consecutive in stated judgements and further expands own sight at essence the right - vogo regulations. Explaining specificity of the formulated definition

Criminally-legal regulation, the author insists that legal re -

1 Alexeys S.S.mechanism of legal regulation in the socialist state. M, 1966. With. 5.

2 See: SZ the Russian Federation. 1994. № 8. Item 801.

gulirovanie should create «conditions for course and development of the relations which have already become by the moment of occurrence of the juridical fact legal, in to - pustimyh in legal understanding limits» 1. Sense comparison having appeared - lennogo the thesis with an offered definition of criminally-legal regulation allows to conclude, that on discussion and at - njatiju criminally-rules of law the researcher sees display in activity of legislators regu - lirovanija public relations.

Analyzing private display of a scientific position of JU.S.Zharikov, meto - dologicheski as correct will recognise, that in direct vyra - zhenii it is conditionally possible to present practice of creation of the criminal law as ordering of social communications. Receiving the information on a formed complex of legal means, interested persons are guided on bu - dushchy regulations of lawful behaviour. Spread informations on prospective legislative innovations are capable to motivate a part of addressees to abstention from fulfilment of the acts which are at a stage of criminalisation. At the same time such information influence on about knowledge and will pravoispolnitelej is not reguljativno-obliging. Normotvorchesky activity leads to legally significant result only after coming into force of the prepared, accepted and published legal acts. Use of terms framework JU.S. The conclusion allows to make Zharikov, that the organisation of process of criminally-legal regulation precedes the process criminally-legal reguliro - vanija, reflecting an independent stage of realisation of the mechanism of counteraction of criminality. According to developed in legal practice pra - vilami criminal law actions in time, criminally-rule of law it starts to be realised from the moment of introduction in action as since this moment it assigns to the addressees the corresponding volume objazanno - stej and the rights. Set of the resulted arguments confutes possibility teo -

reticheskogo identifications of activity of competent bodies, it is directed -

1 Zharikov JU.S.criminally regulation and the mechanism of its realisation. M, 2009. With. 32.

Ache on working out, the edition, cancellation or perfection of legal rules, and legal regulation.

The judgement of the key arguments illustrating requirement teo - rii and experts in use of a category of criminally-legal regulation, has allowed to reveal a number of debatable aspects. The developed situation slu - zhit powerful argument in favour of the further research of a social role of the criminal legislation. In this connection pertinently to address to the doctrine, pe - reorientirujushchemu is social-legal appointment of the criminal law with regu - lirovanija public relations on their protection.

Representation about criminal law as especially guarding branch for - konodatelstva in the legal doctrine was generated for a long time. In the beginning of XIX century the composer «Managements to knowledge Russian zakonoiskusstva» 1

Z.A.Gorjushkin and the author of the practical grant «the Regular management to knowledge of the Russian jurisprudence» 2 P.Sokolov in the works sformu - lirovali a conclusion according to which social appointment of criminally - legal decisions of practice-systematisation see in protection of all other laws from нарушений3.

In the subsequent the designated theoretical direction has received time - vitie in editions of known domestic criminalists. Rather successfully it was proved by N.D.Sergievsky which proceedings used avtorite - volume and have played the important role in formation and development of Russian criminally - legal doctrine. The professor Sergievsky, in particular, wrote: «the Criminal law, or pravopolozhenie on which basis the criminal is punished, it is essential raznitsja from that pravopolozhenija which it, making prestup - noe act, breaks. We cannot tell, that the criminal breaks ugolov - nyj the law … the Criminal breaks known interdictions, on which in the criminal

The law the reference and which are for it consists only as though neobho -

1 See: Gorjushkin Z.A.management to knowledge Russian zakonoiskusstva. M, 1811-1816.

2 See: the Regular management to knowledge of the Russian jurisprudence. CH I, sobr. Paul Sokolo-'s works va. M, 1819.

3 See: Feldshtejn G. S. The main currents in history of a science of criminal law in Russia / under the editorship of and with predisl. V.A.Tomsinova. M, 2003. With. 279, 285.

dimym the assumption … We should discriminate, on the one hand, the criminal law defining for this or that criminal action known punishment, and with another – those rules of law, or obligatory orders for all and interdictions what to do and that not to do, for which infringement the guilty are treated to criminal law action. These norms form themselves the maintenance to action - jushchih laws of different areas of the right – state, church, grazh - danskogo »1.

With the status of guarding branch of law allocated criminal law of Century of

Smirnov. The scientist perceived criminal law as protection means obshche - stvennyh the relations ordered by norms of other branches of law, customs - stvennosti or public organisations. On its belief, «norms ugo - lovnogo legislations are directed first of all not on the organisation of any certain kind (type) of public relations, and on maintenance on - rjadka realisation of the most various under the maintenance of public relations and by that on the prevention of possibility of occurrence spe - tsificheskih the public relations demanding criminally-legal cart -

Actions »2. As a matter of fact in the presented thesis the author pays attention on

Guarding and precautionary problems of criminal law which after proprocession hardly more than three tens years from the moment of the edition of the monography of V.G.Smirnova have received official fastening in item 2 UK the Russian Federation of 1996.

Uniqueness of criminal law in system of branches of the legislation, according to Z.A.neznamovoj, is shown that it consists exclusively of guarding norms and serves all other branches of law. Considering criminally-rule of law in interrelation with norms of other branches of law and the legislation, it comes to conclusion that «guarding norms jav - ljajutsja guarding only in relation to corresponding reguljativ - nym to norms which they urged to protect. …. Reguljativnye norms can

To carry out the functions of the organisation of public relations only on -

1 Sergievsky N.D.Russian criminal law: the grant to lectures. A part the General. SPb., 1911. With. 39.

2 Smirnov V.G.Funktsija of the Soviet criminal law (a subject, problems and ways criminally-legal reguli - rovanija). L, 1965. With. 29.

stolku as there is a mechanism of their compulsory maintenance, i.e. guarding norms. … norms of criminal law out of their communication with branches of positive regulation (economic, civil, the law of master and servant) lose the guarding character and become usual reguljativ - nymi norms »1. The logic of judgements of the scientist convinces that any ugolov - but-legal the interdiction is based on an interdiction reguljativnogo the character which is containing - sja in norms of the positive legislation.

Does not allocate criminal law with property of regulation of public relations of I.V.Shishko. As the proof otstaivaemoj positions it results following arguments: functional specialisation of criminal law consists in protection of positive relations, instead of their regulation; the same rule of law cannot be simultaneously reguljativnoj and ohrani - telnoj; heterogeneity of the positive relations protected criminal behind a game, excludes their consideration as a subject criminally-legal re - gulirovanija and contradicts its specific method – to a punishment method

правонарушителей2. Addressing to supporters it is positive-reguljativnoj funk -

tsii criminal law, I.V.Shishko notices, that objects can be criminally-right protection ordered not only the positive legislation, but also the right natural. So, criminally-legal interdictions to encroach for a life, inviolability of a private life, advantage, a personal freedom «korre - spondirujut to the specific rights – to the rights natural, i.e. arising from the moment of a birth, inaliennable, expressing the most essential possibilities of development of the person, realised directly and nezavisi - mo from will of people» 3.

Unequivocal estimation to criminal law as to guarding branch gives

B.T.Razgildiev. Proceeding from the doctrine of the professor, the criminal law inherently cannot be reguljativnym. With ordering of social communications occupy -

1 neznamova Z.A.collision in criminal law. Ekaterinburg, 1994. With. 187.

2 See: SHishko I.V.interrelation criminally-legal and reguljativnyh norms in sphere economic it is active - sti: avtoref. dis. … Dr.s jurid. Sciences. Ekaterinburg, 2004. With. 7-8.

3 SHishko I.V.economic of an offence: questions of a legal estimation and responsibility. SPb., 2004. With. 119.

sja norms of the Constitution of the Russian Federation, civil, financial and other branches for - konodatelstva. The Criminal law urged to protect the public relations settled by another branches of law. In the separate, strictly limited cases, the criminal law can take under the protection of the relation which directly are not regulated by other branches of law, except nravstven - ности1. An office role of the criminal law the scientist sees in putting on on citizens of variety of the duties supported with threat of application suro - vyh sanctions. Criminally-rule of law, as is known, assigns on pravois - polnitelej the duty to abstain from committing a crime, and the right - primeniteli are obliged to carry out the control over execution of the first group of addressees of the criminally-legal duties. « The criminal law, - about - dolzhaet it, - as well as all without an exception of branch of law, regulates behaviour of the person, but does not regulate neither protected from criminal trespasses obek - you, nor crimes by means of which it is carried out encroachments on these objects »2.

Divides the scientific views of S.I.Nikulin resulted above. Accepting

In attention listed in ch. 1 items 2 UK the Russian Federation criminal law problems, he writes, that the criminal law on the essence is guarding otras - I pour. «In comparison with other branches of law which are carrying out a role regulja - tora public relations, the criminal law, not interfering with them is rovanie, mainly urged to protect from injury sootvet - stvujushchie pravoohranjaemye interests» 3.

The close position on a case in point is occupied with V.D.Filimo-

It is new. A functional orientation of criminal law the professor usmatriva - et in protection from criminal trespasses of the person, a society and the state.

«Reguljativnoj the criminal law does not carry out function. Regulation obshche - stvennyh relations – not function, and a way of its realisation which can

To be directed on achievement of different results depending on that, ka -

1 See: Razgildiev B.T.problem of criminal law of the Russian Federation and their realisation. Saratov, 1993. With. 12-29; Criminal law

Russia: the Course of lectures: in 6 t. / under the editorship of B.T.Razgildieva. Saratov, 2008. – T. 2. With. 51.

2 Criminal law of Russia: the Course of lectures: in 6 t. / under the editorship of B.T.Razgildieva. Saratov, 2004. – T. 1. Kn. 1. With. 86.

3 Russian criminal law. The general part. The textbook / under obshch. red. M.P.Zhuravlyov. M, 2001. With. 6-7.

kie problems are put before the criminal legislation. Ugo - lovnogo the rights its such influence on public relations which possesses absolutely certain social naprav - lennostju »1 can be considered as function only.

Set of the presented arguments proving especially

The guarding nature of criminal law, looks thorough. On sushche - stvu it reflects a modern line is social-legal dejstvitel - nosti, developing in a direction of creation of independent branches for - konodatelstva. In process normotvorcheskoj to activity the big attention is given to formation of the legal statuses explaining to the purpose and a problem of legal documents, defining principles and influence methods on the addressees establishing borders of jurisdiction. The listed base components of branch, clearing up functional specialisation juridi - cheskih instructions, promote standard-organizujushchemu to influence on social communications with a view of their streamlining, protection and the further development at qualitatively new level. Productive changes in maintenance sotsi - alno-significant values are caused by that owing to differentsiro - bathing influence, reguljativnye and guarding norms form behaviour pravoispolnitelej and pravoprimenitelej according to requirements of the problems facing to corresponding branch of the legislation. Reguljativnye from - rasli are focused on satisfaction private and public interests pu - that of investment of participants of public relations korrespondirujushchimi by the rights and duties. Thus the positive legislation not vmeshiva - etsja in sphere of action of criminal law before which there are independent problems on protection of interests of the person, societies, the states, the world and bezopas - nosti mankind from criminal trespasses and to their prevention. On - stavlennye before branches of knowledge of a problem allow to estimate objectively ef - fektivnost legal regulation and protection, to raise quality mezhotras -

The left communications to carry out the control over execution of the concrete legal

1 Filimonov V. D. Guarding function of criminal law. SPb., 2003. With. 55.

Problems. Occupying the niche in maintenance of is social-significant interests, kazh - daja the legal branch promotes functional development of a society.

Having defined with a criminal law functional purpose, pertinently to pass to a formulation of a definition criminally-legal mehaniz - ma. In the criminal law doctrine attempts to give concept ugo - a lovno-legal mechanism were undertaken and to flash its structural components. Zaslu - zhivaet scientific attention a definition offered by E.V.Lysenko. Concept criminally-legal mechanism it defines as «dynamic model ugo - the lovno-legal relations, providing problems criminal zakonoda - telstva the Russian Federation by means of education at persons of ability to constrain itself from with -

Holdings court of crimes »1. Proceeding from the maintenance quoted opredele -

nija, it is simple to allocate characteristic criminally-legal mechanism prizna - ki. The first of them the author establishes, that criminally-legal mechanism before - stavljaet itself dynamic model criminally-legal relations. Second sign specifies, that the offered model criminally-legal relations urged to provide criminal law problems. Third sign, developing previous, concentrates attention that problems criminal zakonoda - telstva are provided by means of education at citizens of ability to constrain itself from fulfilment of crimes.

Demands made by E.V.Lysenko to a design criminally - a legal mechanism in itself are quite pertinent. However some of them do not reflect a being of the declared legal phenomenon. It is a question about polozhe - nii which it enters into model criminally-legal mechanism the tutor - nuju function. Property of education at the person of ability to restrain from committing a crime the researcher allocates any part criminally - rules of law and law enforcement bodies. Activity of the last vyra -

zhaetsja in the legal control over execution by citizens of the duties

1 Lysenko E.V.criminally of maintenance of problems of the criminal legislation of Russia: avtoref. dis. … kand. jurid. Sciences. Saratov, 2007. With. 8.

On abstention from fulfilment of crimes and in carrying out with them vospita - telnyh мероприятий1.

In jurisprudence the thesis that ugolov - noe the right along with other positive levers on consciousness and will of people forms motives of lawful behaviour and feeling otvetstven - nosti is not called in question. Educational influence of the right to the person is put in pawn in most its sou - ti. However it is necessary «to discriminate motivational influence of the right on will, thoughts and feelings of people (when it serves some kind of pobuditelem, a stimulator of their behaviour) and regulating influence (when it defines the rights and it is obliged - nosti citizens, establishes behaviour rules, interdictions and sanctions). Otherwise there is an excessive expansion of concept of legal regulation obshche - stvennyh relations, in essence, inclusion in it educational vozdej -

stvija the rights to thoughts and feelings of people »2.

In the course of the decision of a problem of protection of corresponding objects from pre - stupnyh encroachments and their prevention the criminal law is capable formi - rovat at citizens feeling of intolerance to criminal behaviour. The impression can be made, that by means of norms and criminal law positions the education problem pravoispolnitelej dares. Actually sotsi - alnyj the result of action of criminal law assumes deduction of the person from committing a crime irrespective of motive of behaviour. The part of citizens abstains from fulfilment of socially dangerous act owing to understanding of obvious harm. The considerable part executes a criminally-legal duty on abstention from committing a crime on pain of order - application nija. However it does not mean, that concerning the given category pravoispolni - telej the criminal law is realised not effectively. Execution of criminally - legal instructions does not communicate the legislator any concrete motive. In this context J.I.Grevtsova's words are proved about

Volume, that «the internal opinion (the internal relation) the individual in general

1 See: Lysenko E.V.criminally of maintenance of problems of the criminal legislation of Russia: av - toref. dis. … kand. jurid. Sciences. Saratov, 2007. With. 14.

2 Radko So-called Theory of state and law: studies. – 2 izd. M, 2010. With. 633.

Can not express or, that happens more often, to express in the form, its distinct from valid position »1. Stated allows to make the conclusion about netse - lesoobraznosti inclusions of educational function in a design criminally - a legal mechanism.

Calls into question validity of inclusion educational an ale - of the cop in structure criminally-legal mechanism JU.S.Zharikov. On it to me - niju, educational function, as well as a problem of the prevention of crimes, you - go for limits of a subject of criminal law. Otstaivaemuju it supports a scientific position with results of the spent interrogation респондентов2. Deny possibility of investment of criminal law function of education of people and dru - gie специалисты3.

Taking into consideration earlier received results rather with - derzhatelnyh legal mechanism components, we will try to formulate a definition criminally-legal mechanism and to allocate its structural with - stavljajushchie. Criminally-legal mechanism is a body of rules and polozhe - ny, subjects regulating the status criminally-legal relations, not - obhodimyh and sufficient problems for the decision of the criminal legislation of the Russian Federation.

The offered understanding criminally-legal mechanism is based on following basic elements. The central place in it is taken away ugo - to lovno-rules of law and the positions forming a material basis criminally-legal mechanism. The office role of norms and criminal law positions consists in deduction pravoispolnitelej from fulfilment obshche - stvenno the dangerous acts allocated with the legislator by the status of a crime. Thus not all from them carry out an identical role in the decision of problems ugolov - nogo the law. So, the statutes formulating problems, principles ugo - lovnogo the rights, definitions of separate categories, participate in fur - realisation

nizma criminally-right protection oposredovanno. They or supplement elemen -

1 See: Grevtsov JU.I.problem of the legal relations theory. L, 1981. With. 10.

2 See: Zharikov JU.S.criminally regulation and the mechanism of its realisation. M, 2009. With. 73-74.

3 See: Maltsev V.V. Printsipy of criminal law and their realisation in pravoprimenitelnoj activity. SPb.,

2004. WITH. 293.

You of the norms directly providing protection of the person, a society and gosu - darstva from criminal trespasses, or define ideology of the criminal law, a direction of its application and совершенствования1.

The second element in the analyzed mechanism forms criminally-legal status subjects criminally-legal relations. Being based on the doctrine developed in jurisprudence about a legal status of the person, the maintenance ugolov - but-legal status develops of the rights and duties of subjects, uchastvu - jushchih in legal relation. In the criminal law doctrine the position has settled, to - toraja to number of subjects criminally-legal relations carries: the physical person, obliged to abstain from committing a crime under the threat at - menenija punishment under criminal law; workers of law enforcement bodies and court to which the duty on control is assigned over is -

polneniem citizens criminally-legal обязанностей2. With the account

The new knowledge saved up to the present moment, E.M.Lunichev suggests to expand a circle of subjects criminally-legal relations at the expense of inclusion in it the victim from преступления3.

The third component is constituted criminally-legal mechanism by problems of the criminal legislation. Appointment criminally-legal mechanism with - costs in the decision of problems of the criminal law on protection of the rights and freedom of the person and the citizen, the property, a public order and public bezopas - nosti, environment, the constitutional system of the Russian Federation from criminal trespasses, to maintenance of the world and safety of mankind, and also the prevention of crimes.

Being based on key components of a definition criminally-legal mechanism, it is possible to give concept criminally-legal mechanism protection of the rights and

Freedom of the patient. Under criminally-legal mechanism protection of the rights and freedom

1 See: Razgildiev B.T.criminal law: concept, the realisation form, the criminally-legal characteristic neko - toryh its elements//the Bulletin of the South Ural state university. 2003. № 12. A series "Right". Release 4. With. 26.

2 See: Rivlin A.L. About criminally-legal and criminal procedure relations//Jurisprudence. 1959. № 2. With. 109-110; Razgildiev B.T.criminally and realisation of problems of criminal law of the Russian Federation by them. Sa -

ratov, 1994. With. 98-124.

3 See: Lunichev E.M.status of the minor in criminal law of Russia: the monography / otv. red. A.I.Chucha ev. M, 2012. With. 119-138.

The patient it suggested to understand the body of rules and positions, reglamenti - rujushchih criminally-legal status medical worker and pravoprimeni - telja, necessary and sufficient problems for the decision criminal the legislator - stva regarding protection of the rights and freedom of the patient from criminal trespasses and their prevention.

The formulated definition criminally-legal mechanism protection of the rights and freedom of the patient develops of following structural components. The first of them forms set criminally-rules of law and positions. The second element constitutes criminally-legal status medical worker and pravoprimenitelja. The third component characterises problems criminal zako - nodatelstva on protection of the rights and freedom of the patient from criminal trespasses and to their prevention. Criminally - a legal mechanism of protection of the rights and freedom of the patient the following pas - ragraf the present work is devoted detailed illumination of the revealed elements.

Reducing a circle of the considered problems to the general result, it is represented mozhnym to formulate a cart - following basic conclusions:

1) the social nature of criminal law is caused by problems facing to branch on protection of interests of the person, a society, the state, the world and safety of mankind from criminal trespasses and them is niju. Modern lines of the is social-legal validity, razviva - jushchiesja in a direction of creation of independent branches of the legislation, exclude requirement of intervention of criminal law for process of the decision of the problems facing reguljativnymi to branches of law. A prerogative ugolov - nogo the rights is maintenance of safety of the relations ordered by the international and national legislation. Put before ugo - lovnym the problem law allow to estimate efficiency of the mechanism of a right protection, to raise quality of interbranch communications in the field of maintenance of the rights and freedom of the person, to carry out state and public control over execution of concrete legal problems;

2) criminally-legal mechanism is a body of rules and the positions regulating statuses of subjects criminally-legal relations, neobho - dimye and sufficient for the decision of problems of the criminal legislation of Russia - skoj Federations. Structural components criminally-legal mechanism form:) criminally-rule of law and positions; criminally-legal status subjects criminally-legal relations; problems criminal zakono - datelstva;

3) concept criminally-legal mechanism protection of the rights and freedom patsien - that is defined as the body of rules, regulating criminally-legal status medical worker and pravoprimenitelja, necessary and dostatoch - nyh for the decision of problems of the criminal legislation regarding protection of the rights and freedom of the patient from criminal trespasses and their prevention. Criminally - rules of law and positions, criminally-legal status medical works - nika and pravoprimenitelja, problems of the criminal legislation on protection of the rights and freedom of the patient from criminal trespasses and to their prevention structure - ljajut uniform, in coordination functioning criminally-legal mechanism protection of the rights and freedom of the patient;

4) inclusion of a legal design «criminally-legal mechanism ohra - ny the rights and freedom of the patient» in the conceptual device of criminal law orienti - ruet the legislator, pravoispolnitelja and pravoprimenitelja on realisation of its intrinsic elements according to a functional purpose. Obla - daja own maintenance, the specified legal design promotes formation of model of positive behaviour of participants zdravoohranitel - nyh relations. The wide list of socially - legal toolkits is involved in a methodological complex criminally-legal mehaniz - ma protection of the rights and freedom of the patient, allowing to exclude from consciousness of medical workers criminal motivation.

Having defined with a definition criminally-legal mechanism protection of the rights and freedom of the patient, we will pass to its characteristic structural kompo - nentov.

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A source: Blinov Alexander Georgievich. DOCTRINE ABOUT is criminally-right protection right Also FREEDOM of the PATIENT. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Saratov - 2014. 2014

More on topic § 1. Concept criminally-legal mechanism protection of the rights and freedom of the patient:

  1. § 1. Concept of realisation criminally-legal mechanism protection of the rights and freedom of the patient
  2. Chapter 2. Realisation criminally-legal mechanism protection of the rights and freedom of the patient from criminal trespasses and their prevention
  3. Chapter 1. Concept criminally-legal mechanism protection of the rights and svo - bod the patient and the characteristic of elements, its forming
  4. § 2. The characteristic of the elements forming criminally-legal me - hanizm protection of the rights and freedom of the patient
  5. § 4. The rights and freedom of the patient as object criminally-right protection
  6. § 4. It is criminally-right protection right also freedom of the patient in system mu - sulmanskogo the rights
  7. § 2. Realisation criminally-legal mechanismpreventions pre - stupnyh encroachments on the rights and freedom of the patient
  8. Section III. Criminally-legal mechanism protection of the rights and freedom patsi - enta from criminal trespasses and their prevention
  9. § 3. Protection of the rights and freedom of the patient in Anglo-Saxon system ugo - lovnogo the rights
  10. § 2. It is criminally-right protection right also freedom of the patient in system of the romano-German right