The legal system of Russia is developing and modernizing in accordance with new trends. This is a very long, painstaking work, on which whole teams of experienced lawyers are working. However, whatever happens to the normative acts in our country, they always rely on and comply with the main law - the Constitution of the Russian Federation.
Aggravating and establishing liability in law
A good knowledge of the main document of the country clarifies and provides answers to many legal questions. In particular, a law that aggravates or establishes liability, according to the Constitution of the Russian Federation, has no retroactive effect. And if at the time of the commission of the offense it was not considered as such, then the responsibility for it will not have to be borne. In the event of a toughening of the punishment measure in the new law, it will not be applied to a citizen if it entered into force after the act took place.
An aggravating law is considered as such when a more severe type of punishment is established for an act. For example, in recent years, the government has repeatedly tightened penalties for non-payment of alimony. Negligent parents were deprived of the opportunity to travel abroad, they were allowed to take away their driver's licenses. And in the case of malicious evasion from the payment of alimony, criminal liability was introduced.
If the law was recently issued and has not previously been applied, it is called establishing liability. That is, the offense was not considered as such before the adoption of this law. For example, in connection with the change in the political situation in the country, the State Duma has developed a bill establishing punishment for facilitating the implementation of foreign sanctions on the territory of the Russian Federation. If an individual transmits any information that contributes to the introduction of restrictive measures by another state for Russian companies, he faces punishment in the form of a fine, forced labor or imprisonment. The same awaits municipalities or companies that deliberately violate the rights of a citizen of the Russian Federation as part of the implementation of anti-Russian sanctions.
Retroactive force of the law
The retroactive force of the law is the practice of its application to acts that were committed before the entry into force of this normative act. The Constitution states that for the law to come into legal force, it must be officially published. Let's say that on December 30, 2017, someone committed an offense for which the punishment is 5 years in prison. And from January 1, 2018, for the same act, the term was increased to 10 years. Since the law does not have retroactive effect, this person will be judged according to the old law that was in force at the time of the crime.
It should be noted that the law mitigating liability is retroactive. If, as a result of the adoption of new amendments, the position of the convicted person improves or the criminality of his act is eliminated, then this will apply to all who were previously convicted under the old law.
