Pikurov O.N. Crime and Tort: On the Issue of the Economy of Criminal Repression
DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.7
Oleg N. Pikurov, Candidate of Sciences (Jurisprudence), Acting Head of the Department of Civil Law and Procedure, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0007-2137-7156
Introduction: in recent years, both in the mass information space and in the scientific world, the issue of the so-called economy of criminal repression has been raised quite often, which is understood as the preference for the mildest measures of punishment or the refusal to recognize an act as criminal completely or in favor of other measures of legal responsibility. In his works, the outstanding jurist L.L. Kruglikov repeatedly addressed this problem in the aspect of differentiation of responsibility, taking into account the concept of feasibility, including at the interdisciplinary level. The results of his work have served as the starting point for achieving the purpose of this study: to clarify the boundaries of the intersection of criminal and civil liability to assess the possibility of the latter acting as a safety element for the protection of public relations when the state refuses criminal prosecution, taking into account the circumstances of a specific act or as a replacement for decriminalized offenses. Methods: the study employed both the general scientific methods – the systemic approach, analysis, and the historical method – and the special legal methods – formal-logical and comparative law. Conclusions: without denying the mutual influence of various branches of law, one must acknowledge the fundamental differences in the nature of crime and civil tort. Consequently, criminal and civil liabilities are not interchangeable but function independently as legal instruments. This must be taken into account when assessing the feasibility of refraining from applying criminal law measures, both in law enforcement practice and in the sphere of lawmaking, so as not to leave social relations without proper protection in the event that such a decision is made.
Key words: economy of criminal repression, crime, tort, restorative justice, exemption from liability due to active repentance.
Citation. Pikurov O.N. Crime and Tort: On the Issue of the Economy of Criminal Repression. Legal Concept = Pravovaya paradigma, 2026, vol. 25, no. 1, pp. 53-60. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.7
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