Scientific Center of Nizhny Novgorod Institute of Management – Branch of Russian Academy of National Economy and Public Administration under the President of the Russian Federation
Russian Federation
A comparative analysis of the doctrinal principle of the inevitability of responsibility in Russian and Armenian law is carried out. Currently, this principle has no direct normative consolidation either in the legislation of the Russian Federation or in the legislation of the Republic of Armenia. However, there was a period in the history of Armenia (2003–2021) when the principle of the inevitability of responsibility was a principle of positive law enshrined in the Criminal Code of the Republic of Armenia. Later, the Armenian legislator deliberately rejected this principle as the fundamental idea of criminal legislation. The Russian courts consider the principle of the inevitability of responsibility as a constitutional principle. Based on the analysis of Russian and Armenian legislation and judicial practice, the author comes to the conclusion that the principle of the inevitability of responsibility is an exclusively doctrinal principle that does not represent the norms of law (a set of legal norms), but is a specific regulator of public relations that influences law enforcement practice.
the principle of the inevitability of responsibility, principles of law, doctrinal principles of law, judicial practice
1. Demichev A. A. On the issue of the principles of civil procedural, arbitration procedural and executive law. Bulletin of the Russian Academy of Law, 2005, no. 2, pp. 32–35. (In Russ.)
2. Demichev A. A. Positivist classification of the principles of modern Russian law. State and law, 2014, no. 5, pp . 5–13. (In Russ.)
3. Kuznetsova O. A. Specialized norms of Russian civil law: theoretical problems. Dissertation... doctor of legal sciences. Yekaterinburg, 2007. 430 p. (In Russ.)
4. Zazhitsky V. I. Legal principles in the legislation of the Russian Federation. State and law, 1996, no. 11, pp. 92–97. (In Russ.)
5. Avetisyan S. Problems of implementation of the principles of criminal law (in the light of the new Criminal Code of the Republic of Armenia). NKR judicial power, 2018, no. 1, pp. 7–13. (In Russ.)
6. Fursov D. A. Subject, system and basic principles of arbitration procedural law (problems of theory and practice): monograph. Moscow: INFRA-M Publ., 1999. 363 p. (In Russ.)
7. Lipinsky D. A. The principle of the inevitability of legal responsibility from the perspective of its two-aspect understanding. Legal science and law enforcement practice, 2015, no. 3 (33), pp. 8–14. (In Russ.)
8. Guide to the new RA Criminal Code: Conceptual Approaches and New Interpretations of Institutions. 2022. 497 p. (In Armenian)
9. Avetisyan S. S. Some prospects for the development of criminal law in the light of the adopted new Criminal Code of the Republic of Armenia. Problems and prospects of State and Law development in the XXI century: Materials of the XII International Scientific and Practical Conference dedicated to the 15th anniversary of the Faculty of Law, Ulan-Ude, June 24–27, 2021. Ulan-Ude: East Siberian State University of Technology and Management Publ., 2021. Pp. 5–11. (In Russ.)
10. Malein N. S. Offense: concept, causes, responsibility. Moscow: Legal lit Publ., 1985. 192 p. (In Russ.)
11. Malash T. A. The principle of the inevitability of legal responsibility. Dissertation... candidate of legal sciences. Moscow, 1996. 158 p. (In Russ.)
12. Kalenov A. A. Inevitability as a principle of legal responsibility. Bulletin of the Samara Humanitarian Academy. The series “Law”, 2019, no. 1 (22), pp. 116–119. (In Russ.)
13. Milkov A. V. Notes on the principles of civil liability. Law. 2018, no. 11. pp. 162–172. (In Russ.)
14. Presnyakov M. V. The principle of inevitability as a necessary condition for the effectiveness of disciplinary responsibility in public service and in labor relations. Modern law, 2022, no. 5, pp. 56–66. (In Russ.)
15. Sizaya E. A. Doctrinal principles of penal enforcement law. Man: crime and punishment, 2008, no. 4, pp. 43–45. (In Russ.)
16. Sheveleva S. V., Mozhaikina V. A. The principle of the inevitability of punishment in penal enforcement law: from declaration to the possibility of implementation. Bulletin of the Perm University. Legal sciences, 2021, no. 4, pp. 722–753. (In Russ.)
17. Fefelov P. A. The inevitability of punishment – the most important principle of Soviet criminal law. Author's abstract... candidate of legal sciences. Sverdlovsk, 1965. 22 p. (In Russ.)
18. Nechepurenko A. A. The inevitability of punishment as a principle of criminal law: textbook. Omsk: Omsk Law. in-t of the Ministry of Internal Affairs of Russia Publ., 1996. 79 p. (In Russ.)
19. Filimonov V. D. Principles of criminal law. Moscow: Center of Yurinfor Publ., 2002. 138 p. (In Russ.)
20. Sabitov T. R. On the principle of the inevitability of responsibility in Russian criminal legislation. Bulletin of Tomsk State Pedagogical University, 2006, issue 11 (62), pp. 63–65. (In Russ.)
21. Sabitov T. R. The principle of inevitability of punishment and its transformation in criminal law science and legislation. Actual problems of Russian law, 2010, no. 3 (16), pp. 261–269. (In Russ.)
22. Zorina E. A. The principle of the inevitability of criminal responsibility and issues of exemption from it. Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia, 2023, no. 1 (97), pp. 66–74. (In Russ.)
23. Deryuga A. N., Shaklein S. N. Penological aspect of the implementation of the principle of inevitability of administrative punishment. Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia, 2019, no. 3, pp. 147–152. (In Russ.)
24. On the Case of Checking the Constitutionality of the Federal Law. On Amendments to the Code of Administrative Offences of the Russian Federation and the federal law “On Assemblies, Rallies, Demonstrations, Processions and Picketing” in connection with the request of a group of deputies of the State Duma and a citizen's complaint E. V. Savenko: resolution of the Constitutional Court of the Russian Federation no. 4-P of February 14, 2013. Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)
25. On refusal to accept for consideration the complaint of citizen Alexey Leontievich Kharlanov for violation of his constitutional rights by Part 3 of Article 14.13 of the Code of Administrative Offences of the Russian Federation: no. 1552-O, ruling of the Constitutional Court of the Russian Federation of July 3, 2014. Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)
26. On the Case of checking the constitutionality of the provisions of Part 2 of Article 2.1, Part 2 of Article 2.2, Part 1 of Article 4.5 and Part 1 of Article 11.15.2 of the Code of Administrative Offences of the Russian Federation in connection with the complaint of the Limited Liability Company Vostokflot: resolution of the Constitutional Court of the Russian Federation no. 39-P dated July 21, 2021 21, 2021. Collection of legislative acts of the RF, 2021, no. 31, art. 5988. (In Russ.)
27. Resolution of the Justice of the Peace of the Judicial District of Novoulianovsk (Ulyanovsk region) of June 1, 2017 in case no. 5-212/2017. URL: https://sudact.ru/magistrate/doc/48K8BFHYDOog (accessed 15.10.2023). (In Russ.)
