The retroactive force of the law in Russia is not applied in all areas. It is relevant for some issues of criminal law. Retroactivity is always aimed at improving or softening the conditions for the subjects.
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Retroactive force is a phenomenon when the adopted procedure also applies to legal relations that arose before the adoption of the law. This possibility is determined by the Constitution and other acts. Regulatory documents may or may not be allowed to apply retroactivity of the law.
In Russia, there are several provisions that determine the possibility of using this concept. Retroactive force can only be applied to those rules that do not worsen the situation of people, do not degrade the dignity of men and women. For example, the state cannot introduce a tax surcharge according to the law with retroactive effect. Otherwise, it would be necessary to charge it for the past years.
A new rule spelled out in regulatory documents can only become retroactive if there is a direct indication of this in regulatory and legislative documents. If there are no different norms, then the regime previously formed by the codes applies. The Constitution of the Russian Federation states that no citizen can be held responsible for an action that at the time of its commission was not an offense.
Examples of
One notable example is the abolition of the death penalty. If a person was sentenced to it, but the court's decision was not enforced, then when the death penalty is abolished, such punishment is replaced by life imprisonment.
Another example is when a contract was concluded under the old civil law legislation, but the new provisions change its effect. In this case, legal relations are governed only by the old law. This is due to the fact that the laws of the Civil Code of the Russian Federation in most cases do not have retroactive effect.
In what areas is it applied?
Most often, the principles are applied in criminal law. For example, when adopting a law according to which it is necessary to imprison all people for what they did a year ago, it is impossible. However, it is possible to adopt rules mitigating punishment for a certain group of defendants.
More often, the law is not retroactive in:
- civil law;
- civil procedural sphere;
- tax law.
This is due to the fact that retroactive laws in these areas can complicate the legal relationship that developed before their adoption.
Thus, the adopted amendment should obey the general principle of retroactivity, that is, soften or eliminate the liability of the previously valid rules. It should improve the situation for the subjects. You can read about the new meanings of the letter of the law on the official websites, for example, there is necessarily a publication in the "Parliamentary Gazette", "Rossiyskaya Gazeta". All changes, acts of chambers in relation to retroactive force of the law must be published within 7 days.
