Kozubenko, Y.V. On the issue of bilateral coordination of procedural and material discipline-specific constructions within the mechanism of criminal law regulation

Abstract: The article includes analysis of coordination of procedural and legal discipline-specific law constructions within the inter-disciplinary legal construction of the mechanism of criminal law regulation. The author provides detailed analysis of influence of criminal procedural law upon the criminal process and material criminal law, such as subsidiary application of criminal procedural legal norms to some categories and terms of material criminal law. Interpretation of elements of crime In procedural acts require corrections in the material law, thus the criminal procedural law initiates the amendments into the Criminal Code of the Russian Federation. Refusal to include into criminal law the crimes based on administrative prejudicial effect is due to the issues of proof. Application of criminal procedural law when using retroactive force of laws, belonging to other (non-criminal) legal disciplines, presupposes the possibility to apply the criminal material legal constructions. The criminal legal constructions, as formed by the judicial practice, presuppose the possible application of material criminal law. Non-application of criminal law may be due to the procedural inexpediency. Legal practice requires that the norms of criminal law would be in accord with the criminal procedural law, and the criminal procedural law provides for the grounds for avoiding criminal punishment, which are not recognized in criminal law itself.

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