Suchergebnisse

The article deals with some issues of the state power restriction, and the necessity of this is justified. The evolution of state power restriction certain criteria and forms are analyzed in accordance with the emergence of relevant ideas and scientific concepts and their chronology: the restriction of power by another power, self-restraint of state power; the restriction of state power by the law and human rights in connection with the contemporary problems of state power restrictions in a state governed by the rule of law.

The article analyzes the international legal norms in force for the Russian Federation prohibiting aggression, and also compares them with the current norms of the Russian criminal legislation. At the same time, the ele-ment-by-element analysis of the corresponding criminal encroachment, traditional for criminal law science, is extrapolated to the international legal matter, which makes it possible to consider the composition of the of-fense not only through the prism of national, but also international law. In addition to the theoretical aspect, the work also presents the practice of the first international tribunal that considered the crime of aggression – the Nuremberg One, whose verdict is also important for understanding and qualifying the crime of aggression. Also, the authors, comparing the provisions of international and national criminal law regarding the criminaliza-tion of aggression, come to the conclusion that in general they coincide, although there are some differences in details.