Bryka I.I., Haperskaya K.S. Criminal Policy and the Criminalization / Decriminalization of the Criminal Law
DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.25
Igor’ I. Bryka, Candidate of Sciences (Jurisprudence), Associate Professor, Departament of Criminal Law, All-Russian State University of Justice, Azovskaya St., 2, 117638 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0163-3961
Kristina S. Haperskaya, Student, All-Russian State University of Justice, Azovskaya St., 2, 117638 Moscow, Russian Federation; Layer, MKA “LEKS”, Lesnaya St., 43, 101509 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2261-839X
Introduction: criminal law policy is one of the activities of the state in the field of combating crime. It ensures the effectiveness of the legislative process, also influences law enforcement practice. Besides, it includes the definition of criminal law principles, methods of influence on the crime, and sets of criteria according to which an act will be recognized as a crime, and the person committing that act is subject to criminal and legal responsibility. The result of the state’s criminal policy is a change in criminal legislation, in particular, criminalization or decriminalization of certain types of criminal attacks. Objectives: to conduct a legal analysis of the reforms introduced in the Criminal Code, to consider the problematic aspects of criminalization and decriminalization of some criminal acts. Methods: as research methods, a set of methods and techniques widely used in legal science was applied. Among these methods are the following: general and specific methods, including comparative legal, systemic, as well as formal-logical, logical-legal, expert assessments and others. Results: criminal law should reflect its social conditionality, this means to reflect real needs of society in the suppression of socially dangerous behavior through the use of criminal law. The practical significance lies in obtaining the results of the study, which can be useful for solving practical problems, in further research on the problems of criminalization or decriminalization of criminal acts. Conclusion: the authors consider that necessary eliminate and reprocess the gaps and contradictions in the Criminal code.
Key words: criminalization, decriminalization, criminal legislation, crime, criminal law policy.
Citation. Bryka I.I., Haperskaya K.S. Criminal Policy and the Criminalization / Decriminalization of the Criminal Law. Legal Concept, 2019, vol. 18, no. 2, pp. 153-158. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.25
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