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Transformation of Criminal Legislation at the Present Stage
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Transformation of Criminal Legislation at the Present Stage
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900029134-1
Publication type
Article
Status
Published
Authors
Svetlana Sheveleva 
ORCID: 0000-0002-8358-8924
Occupation: Dean, Faculty of Law
Affiliation: Southwest State University
Address: Kursk, Russia
Edition
Volume 28 No. 3
Pages
106-123
Abstract

Currently, there are transformational processes in criminal policy associated with a change in the function of the criminal law from protective to preventive, the implementation of a relatively new principle — the economization of the industry, a shift in emphasis in the hierarchy of values from the personal interests of the individual to the national interests, the protection of the integrity of the state. “Subversive” activities (both organizational and economic in nature) aimed at destroying the integrity and security of the State, strengthening the terrorist threat and expanding extremist acts required a timely and adequate “response” from the State by establishing criminal liability for “special complicity” in acts of terrorism and extremism, expanding the number of “conscripts” crimes. Transformational socio-political processes (COVID-19, special military operation) have changed the basic principles of the criminal law industry, refocusing on the protection of state interests with an emphasis on prevention. In the long term, such an approach will allow rational use of criminal law tools, which will lead to the economization of the industry.

The purpose of the study is to identify trends in the criminal policy development, confirming that modern criminal legislation is at the stage of transformation.

The dialectical method of cognition was used as a methodological basis, which made it possible to build a general strategy of scientific search. To obtain concrete results, general scientific (analysis, synthesis, abstraction) and private scientific methods (logical-legal, axiological, synergetic) were used.

Conclusion: since 2000, the changes introduced into the criminal law have led to the dominance of the preventive function over the protective one, which indicates profound changes in the criminal law, i.e. transformation. Socio-political changes in Russian society and Russia's role on the world stage confirm the need to strengthen responsibility for criminal encroachments on the security of the state, its territorial integrity and constitutional system in compliance with the doctrinal principle of economization of the industry, which consists in the rational use of means of criminal law response, as well as the possibility of expanding the norms of a compensatory nature in relation to crimes in the economic sphere. The unity of the nation, the departure from social egoism is possible only if criminal legislation is formed aimed at preventing crimes against the national interests of Russia. In addition, the preventive potential of the criminal law in the long term will minimize the number of serious and especially serious crimes committed against the security of the state and its territorial integrity, which will save state resources.

Keywords
transformation, the principle of economization, national security, functions of the criminal law, extremism, terrorism, information wars, special complicity, “conscription” crimes
Date of publication
11.03.2024
Number of purchasers
6
Views
150
Readers community rating
0.0 (0 votes)
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