CORRELATION BETWEEN THE CONCEPTS OF INSTITUTION AND SUB-INSTITUTION IN CRIMINAL LAW

Abstract

The article considers correspondence between the concepts of institution and sub-institution in the criminal law. The understanding of the criminal law sub-institution as an element of the structure of criminal law institute requires verification in terms of analysis of the correlation between these concepts. It is especially urgent due to the fact that the term sub-institution itself is not used by the official doctrine and law enforcement. Such analysis allows us to clarify the indicators of sub-institution of law and the grounds for its correlation with the institute of criminal law. Such approach encourages the author to identify the characteristics of criminal law sub-institution as an element of structure of criminal law institution, examine existing academic opinions on sub-institution and its place in the system of criminal law.