Preview

North Caucasus Legal Vestnik

Advanced search

eneral theoretical and constitutional-legal aspects of the retroactive effect of the law

https://doi.org/10.22394/2074-7306-2023-1-2-53-59

Abstract

The article is devoted to the consideration of the phenomenon of the retroactive effect of the law in the context of a more general problem the effect of the law in time. Actively using the legal positions of the Constitutional Court of the Russian Federation and the norms of sectoral legislation, the author offers the most general conceptual approaches to understanding the retroactive effect of the law. According to the author, the most relevant area of application of the retroactive force of the law is the sphere of interaction between the citizen and the state. The author also concludes that there is a need for detailed legislative regulation of the relevant sphere of relations, due to the particular importance of this problem in the context of building a rule of law state, the stability of the legal system of which provides the necessary level of citizens' confidence in the state as a whole.

About the Author

P. P. Baranov
South-Russia Institute of Management – branch of Russian Presidential Academy of National Economy and Public Administration
Russian Federation

Pavel P. Baranov – Honored Scientist of the Russian Federation, Doctor of Law, Professor, Head of Department of Constitutional and Municipal Law of South-Russia Institute of Management – branch of RANEPA

Rostov-on-Don



References

1. Aleshkova I. A., Stalnova A. S. The principle of the prohibition of the retroactive effect of the law: features of implementation and development trends. State power and local self-government. 2020;(10):7–13. (In Russ.)

2. Milyukov S. F., Tokarchuk R. E. Some features of the retroactive force of the criminal law. Criminal law. 2019;(6):58–63. (In Russ.)

3. Eremenko V. I. Copyright issues in the clarifications of the Constitutional Court of the Russian Federation. IS. Copyright and related rights. 2020;(4):17–30. (In Russ.)

4. Golubtsov V. G., Kuznetsova O. A. Types of action of legal norms in time. Bulletin of the Perm University. Legal Sciences. 2022;(3):348–371. (In Russ.)


Review

For citations:


Baranov P.P. eneral theoretical and constitutional-legal aspects of the retroactive effect of the law. North Caucasus Legal Vestnik. 2023;(2):53-59. (In Russ.) https://doi.org/10.22394/2074-7306-2023-1-2-53-59

Views: 2


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2074-7306 (Print)
ISSN 2687-0304 (Online)