Keyword: «legal act»

The article reveals the features of the initial period in the process of formation of theoretical views on the institution of criminal punishment in Russia. It is noted that the origins of Russian legal thought on this matter should be referred to the related reasoning of Peter I in his interpretations of legal acts texts. The study of this problem was gradually becoming more active since the second half of the XVIII century, it was reflected in the "Mandate" of Catherine II, the works of S. E. Desnitsky, A. N. Radishchev and other thinkers who were more philosophical than legal in nature and bore the imprint of European culture. The full-fledged scientific works of Russian jurists appeared at the beginning of the nineteenth century (I. E. Neuman, O. G. Goreglyad, L. A. Tsvetaev, and others), where the research subject on various aspects of criminal punishment was expanded. In general, the ideas developed at that time are still relevant and form the basis of modern concepts about criminal punishment in the sphere of legal relations.

In this article the definitions of concepts of legal technique, its types, meaning for the legal sphere are considered. The question of insufficiency of the definition of «moral harm» in the Civil Code of the Russian Federation for the understanding of citizens, and consequently – the problem of protection of their personal non-property rights. Reference is made to the significance of the decisions of the Plenum of the Supreme Court of the Russian Federation for the clarification of judicial practice in order to ensure uniform application of the law.