THE CONCEPT AND FEATURES OF THE CRIMINAL LAW SUBINSTITUTE IN THE CONTEXT OF THE LOGICAL RELATIONSHIP OF THE INSTITUTE AND THE SUBINSTITUTE OF LAW

Abstract

The well-established understanding of the criminal law subinstitute as an element of the structure of a criminal law institution requires additional verification from the point of view of analyzing the logical correlation of these concepts. It is it that makes it possible to clarify the signs of the subinstitute of law and, on their basis, formulate an operational definition of the desired phenomenon. Based on the analysis of the ratio of the subinstitute and the institute from the standpoint of the logical categories species and genus, part and whole, special and general, the signs of the subinstitute of criminal law are identified, and its definition is proposed as an element of the structure of the institute of criminal law, which is formed by one or more single-order normative prescriptions, offering, depending on the specific nature of the legal fact, which gave rise to criminal law relations, integrating or differentiating the regime of legal regulation of these relations within the objectives and principles, set by the Institute of Criminal Law, in order to ensure the stabilizing and adaptive functions of criminal law.