The concept of the criminal law policy of the Russian Federation de lege ferenda
DOI:
https://doi.org/10.17308/law/1995-5502/2026/1/256-263Keywords:
law, legislation, crime, punishment, criminal law, criminal policy, criminological safety, convicts, correction, protection of personalityAbstract
It is obvious to the scientific community that the Russian criminal policy today does not achieve the goal of effectively protecting citizens and society from criminal attacks and crimes in general. The purpose of the work is to formulate some of the main systemic shortcomings of criminal law policy caused by outdated approaches to defining the range of criminal acts (criminalization), as well as the preventive role of punishments, their rational goals and types. The author's task is to identify key defects in criminal legislation and outline the main provisions of a rational model of criminal policy based on a value-based approach to criminalization of acts, priority protection of human personality and a new look at punishment, which should get rid of the illusions of the possibility of restoring social justice and correcting the offender. The author suggests a scheme that reveals the relationship between the concepts of «social policy», «anti-criminal policy», «criminological policy» and «criminal policy». Results: punitive criminal policy, which does not achieve the goal of preventing crime, but, on the contrary, provokes its growth by involving a large number of citizens in criminal law relations, should be replaced by a rational criminal policy in which: a) a limited range of the most dangerous acts encroaching on universal (absolute values) is subject to criminalization; b) priority is given to the protection of the person's personality; c) the purpose of punishment is to restore the rights of the victim violated by the crime and isolate persons who pose a danger due to the socially dangerous act they have committed.
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