SPECIAL METHODS OF LEGAL MECHANISMS FORMATION AS ILLUSTRATED BY THE CRIMINAL CODE OF 1903

Abstract

The article is devoted to a number of specific methods that were used by the law-makers to form a legal framework of the Institute of Crimes against the State. The paper subjects the provisions of the 1903 Criminal Code to examination. In particular, the author scrutinizes the Third and the Fifth Chapters of the Act. Examination of the rules reveals a number of special methods of scientific significance employed by law-makers for legal regulation and forming specific legal mechanisms. In the scientific literature such methods and approaches have been given relatively little attention. For this reason their examination, identification of specific features and peculiarities, characterization, as well as giving titles to them meet the requirements of scientific novelty. The article examines two special methods applied in the 1903 Criminal Code. They were defined during the study and comparison of a number of articles that provide the definitions of elements of crimes. The author gives the following titles: absolutization of gravity of a crime and assignment of a punishable status that is a legal fiction.