Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Journal of Siberian ...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
versions View all 1 versions
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

Lex Posterior and Lex Specialis Legal Maxims in Russian Criminal Law

Authors: Aleksandr A. Petrov;

Lex Posterior and Lex Specialis Legal Maxims in Russian Criminal Law

Abstract

The present article stipulates on various disputable issues of applying the general legal maxims on overcoming the conflict of lex posterior derogate priori and lex specialis derogate legi generali based on the empirical examples of contemporary Russian criminal law. The objective is to clear the peculiarities of operating the lex posterior and lex specialis maxims including, inter alia, through appealing to the doctrine and positive law in the aspect of correlation with some specific colnflict rules. For this purpose, the author turns to a number of techniques, ways and methods of legal phenomena studies, such as, particularly, system approach, ascend from abstract to specific, using the logic of standard and normative statements, conceptual and definition analysis, speculative experiment, legal and dogmatic approach, legal simulation method, law comparison method. The main conclusion of the research is formulated as follows: though the principles of lex specialis and lex posterior are generated by the legal doctrine as criteria for selecting one out of two conflicting options, the principle that a law governing a specific subject matter overrides a law governing only general matters finds a wider scope of application compared to the principle of priority of a new law over the old one. The situation is explained by the fact that lex specialis is deliberately used by the legislators to construct logical relationships of legal rules, while lex posterior does not perform a similar function

Related Organizations
Keywords

340, 341, RETROACTIVITY IN LAW, CONFLICT OF LAW AND REGULATIONS, LEGAL INTERPRETATION, РЕТРОАКТИВНОСТЬ В ПРАВЕ, ТОЛКОВАНИЕ ПРАВА, LEX POSTERIOR, LEX SPECIALIS, КОЛЛИЗИИ НОРМ ПРАВА

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold