The operation of the criminal law in time contains several aspects. In particular, they include:
Regulation of the entry into force is carried outapplication of the federal normative act on the appropriate procedure. This action 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 a concept of extraordinaryorder. In this case, the operation of the criminal law in time, expressed in its entry into force, can be reduced or extended. For example, in the course of the reform of 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 action ceasescriminal law in time. However, its norms can not be applied to crimes that have arisen after this. The theory of the law in question 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,providing the regulation of the same social relations as the former. At the same time, the criminal law is not officially repealed in time by a new act.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 lose validity, and whether there is a loss in general. This circumstance can provoke various collisions. In this regard, the criminal legislation 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:
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 occurred after its entry into force. This activity of the act is normal, ordinary, basic.
When a crime is committed during the period of validityof the previous law, even if it has lost its force at the time of the charge, initiation of a case or sentencing, 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 spread of a newlaw or provision for crimes that arose prior to its entry into force. In this case, 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 twovarieties 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.
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