Legal content of the Institute of the special part of criminal law

The actual goal of modern science is the intellectual support of the processes of ensuring the consistency of criminal law and legislation. To achieve this goal, it is necessary to solve problems related to the consideration of approaches to determining the content of criminal law institutions, identifying the form of their expression and scope. Within the framework of the conducted scientific research, the following conclusions were made:
– The content of the institutions of the special part of criminal law can be adequately disclosed, provided that a pluralistic approach to understanding law as such is followed; if the genesis and social purpose of a legal institution is explained on the basis of the advantages of an institutional approach, and its social content and real action are explained within the framework of a sociological interpretation of criminal law, then a positivist approach to law retains its possibilities for studying the legal content of the institution of the special part and its isolation from its social content;
– Since the institution of law is an element of the legal system, it cannot differ in content from the system as a whole: the uniformity of all elements of law ensures its consistency and integrity. From the point of view of legal positivism, the institution of a special part of criminal law includes in its content only what is included in the content of law as such, namely normative legal prescriptions and principles;
– Normative prescriptions of different content that form the institution of a special part of criminal law can be objectified in different legal sources of the branch of criminal law. Prescriptions that formulate the basis of criminal liability and the model of sanction can be provided only and exclusively in the federal criminal law, while prescriptions of a definitive nature, conflict of laws and operational may well be consolidated at the level of other sources of criminal law;
– The sphere of institutions of a special part of criminal law may cover the provisions of criminal and administrative-tort legislation, as related to a single "criminal sphere".

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