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Axiological Foundations of Criminal Law Prohibitions
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Axiological Foundations of Criminal Law Prohibitions
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.042
Publication type
Article
Status
Published
Authors
Elena N. Karabanova 
Occupation: Head of Department, Research Institute
Affiliation: University of the Prosecutorʼs Office of the Russian Federation
Address: Moscow, Russia
Edition
Volume 27 No. 4
Pages
72-83
Abstract

Inevitable changes in the life of society also affect criminal law, which acts as a powerful social regulator, provided that a proper approach to rule-making is taken. By means of criminal law prohibitions supported by punishment, the state pursues a criminal policy, thereby influencing public relations and eradicating the most socially dangerous forms of behavior. The level of this danger is determined by the focus of human activity on harming those social values that the state has taken under its protection. Criminal policy, as well as public policy in general, cannot exist outside the value orientation.

The purpose of the study is to develop theoretical provisions on the axiological foundations of criminal law prohibitions. Achieving this goal involves determining the modern value orientation of criminal law prohibitions, identifying processes that affect the formation of the axiological concept of criminal law and the effectiveness of criminal law prohibitions.

The methodological basis of the study was the principles of historicism and social determinism, complex, systemic, structural-functional and evolutionary approaches to the study of objects of criminal law protection.

Conclusion: when conducting criminal policy, the Russian Constitution and current threats to the interests of the individual, society and the state act as a guideline in choosing objects of criminal law protection, therefore, a change in the axiological orientation of criminal law prohibitions is a natural phenomenon. It is influenced by the following factors: political bias, the humanization of the social worldview, the development of natural science and the formation of a scientific worldview, the development of philosophy and social sciences (sociology, psychology, history, political science and jurisprudence), the duality of the processes of globalization and deglobalization. Social values protected by criminal law through prohibitions should be shared by the majority of the population. At the same time, the criminal law in some cases is able to correct axiological attitudes in society.

Keywords
criminal law prohibitions, social values, axiology of criminal law, objects of criminal law protection, object of crime
Date of publication
21.04.2023
Number of purchasers
12
Views
194
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0.0 (0 votes)
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