The retroactive effect of the law is not a permanent practice and does not affect all branches of law. However, in some cases, if it is provided for by a new law being introduced, or it was stipulated in the act of enactment of the execution of punishment, the law may be retroactive.
Retroactive force of the law
This is the legislative force that can mitigate or completely abolish the execution of the punishment by the offender. The court's decision is based on the current legislation in the area of law in which the violation was committed. However, any legal liability is established by Federal law, and the same law can amend the current code (criminal, administrative, civil and others). The case is being conducted according to the law in force at the time of the commission of the crime, up to its cancellation. In other words, if a citizen is sentenced to any liability established in accordance with the current legislation, but before the entry into force of the sentence, an amendment is made to the law, then the punishment may be mitigated or even abolished.
This mechanism also works in the opposite direction. Strengthening the responsibility also provides for the introduction of a sanction, implying more serious restrictions (in the event of an administrative violation) of the property / personal non-property rights of a citizen in comparison with the punishment in force before the amendments. Administrative liability can be increased by increasing the amount of money exacted from the offender, or by replacing the monetary fine with another punishment that restricts the offender's freedom of movement or in some other way infringing on his non-property (public) rights.
In the event of the simultaneous entry into force of the provisions of the law, which abolishes administrative responsibility for the act and establishes criminal liability for the same act, the offender is subject to administrative liability on the basis of the law in force at the time of the administrative offense.
With regard to administrative offenses
A citizen who has committed an administrative offense is subject to liability on the basis of an article of the Administrative Code in force immediately at the time of the offense.
A law that mitigates or completely abolishes administrative responsibility for an administrative offense or otherwise improves the position of a person who has committed an administrative offense has retroactive effect, that is, applies to a citizen who committed an administrative offense before the entry into force of such a law. At the same time, the size of property sanctions can be reduced, or the time frame for the application of administrative penalties limiting the non-property (public) rights of the offender can be reduced.
This law upholds the constitutional principle that no citizen should be held responsible for an act that was not considered an offense at the time it was committed.
