The question of the legal structure associated with the criminal law assessment Superior orders in the Criminal defenses

Authors
  • Ushakov E.Yu.

    Vladivostok State University of Economics and Service
    Vladivostok. Russia

Abstract

The system «Head (Given) – Slave (to obey orders)», it is assumed that the order must be impeccable quality in terms of rights and goals, that is, an ideal, and execution of the order must be accurate, timely, complete, that is also ideal. In real life activity of specific individuals is not the case, or is happening, but in the manner of the rare exceptions. There is a "pull-down" the contradiction between the subject and the subject of government performance. And the more complex socio-economic, technical, technological, legal and cultural conditions, the stronger the "unfolding" is an objective contradiction. It must be considered from different perspectives and from different angles, including in terms of availability of Criminal defenses.

Keywords: order, disposition, legal structure, legal norm.