Conceptual elaboration of the criminal law «On torture» in the light of regulatory requirements to the concepts of draft laws

Authors

  • S. S. Tikhonova National Research Lobachevsky State University of Nizhny Novgorod

DOI:

https://doi.org/10.17308/law/1995-5502/2023/1/198-206

Keywords:

concept of the draft law, explanatory note, torture, subject of the right of legislative initiative, criminal law

Abstract

Using the example of the concept of changes in criminal legislation regarding the establishment of responsibility for torture, which is the basis of the criminal law adopted on July 14, 2022, the article analyzes the current regulatory regulation of the procedure for developing and formalizing concepts of draft laws and prospects for its improvement, taking into account the experience of the EAEU member states in order to eliminate its unsystematic, inconsistency, gaps and sanctions insecurity. The author emphasizes that the absence of a regulatory requirement for a detailed description in the sectoral concept of the draft law of the problem of legal regulation, proven by negative statistical data of law enforcement practice, including data on the lack of effectiveness of the application of legal and organizational measures of state response, allows to initiate bills that are not related to the objective needs of the state, distracting signifi cant resources.

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Author Biography

  • S. S. Tikhonova, National Research Lobachevsky State University of Nizhny Novgorod

    Candidate of Legal Sciences, Associate Professor of the Criminal Law and Process Department

References

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Published

2023-06-01

Issue

Section

Criminal Law. Criminal Process. Criminalistics