The purpose of the criminal law
Authors:
1.
SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
(kafedra ugolovnogo prava, docent kafedry)
from 01.01.2024 until now
from 01.01.2024 until now
Type:
Article
eLocation:
Status:
Published
Received:
18.02.2025
Accepted:
20.02.2025
Published:
13.07.2025
Subject area:
UDC 343.21
Language:
Russian
Keywords:
Criminal Law, purpose of the law, fi ght against crime, criminal policy, Criminal Law impact, crime prevention.
Abstract (English):
Introduction. The study, the results of which are presented in the article, was devoted to substantiating the need to bring the defi nition of the «purpose of the Criminal Law» in line with the draft Concept of Criminal Law Policy, discussed at a scientifi c conference on November 22, 2021, on the initiative of the Federation Council of the Federal Assembly of the Russian Federation. The concept refl ects modern realities and the variety of factors infl uencing the crime situation in the country, its provisions require careful study and consideration when conducting scientifi c research in this area. The author of the article analyzes the philosophical aspects of defi ning the purpose of the law, emphasizing the connection of the purpose with the activities of both the individual and the state. The main attention is paid to the idea that the purpose of the Criminal Law is the desire of the state to create safe living conditions, due to the needs of the individual and society in protecting them from crime. Progressive trends in the humanization of Criminal Law enforcement and the need to take into account social changes associated with political and economic transformations are noted. Methods. The study used the general scientifi c dialectical method of understanding the surrounding reality. In addition, the historical method, methods of logical comprehension, comparison, generalization, analysis, synthesis, deduction, and induction were used. Results. The study examined examples of goal setting in international, foreign, and domestic regulatory legal acts. The need to indicate the goal in the text of the Criminal Law, as well as in the Concept of Criminal Law Policy, according to which the fi ght against crime is a necessary condition for ensuring national security, is substantiated. It is concluded that the goal of the criminal law should serve as a methodological basis for achieving the objectives of criminal policy in the context of modern challenges. The author's formulation of the goal of the criminal law is proposed: this is the confrontation of crime with preventive measures of Criminal Law impact.
Introduction. The study, the results of which are presented in the article, was devoted to substantiating the need to bring the defi nition of the «purpose of the Criminal Law» in line with the draft Concept of Criminal Law Policy, discussed at a scientifi c conference on November 22, 2021, on the initiative of the Federation Council of the Federal Assembly of the Russian Federation. The concept refl ects modern realities and the variety of factors infl uencing the crime situation in the country, its provisions require careful study and consideration when conducting scientifi c research in this area. The author of the article analyzes the philosophical aspects of defi ning the purpose of the law, emphasizing the connection of the purpose with the activities of both the individual and the state. The main attention is paid to the idea that the purpose of the Criminal Law is the desire of the state to create safe living conditions, due to the needs of the individual and society in protecting them from crime. Progressive trends in the humanization of Criminal Law enforcement and the need to take into account social changes associated with political and economic transformations are noted. Methods. The study used the general scientifi c dialectical method of understanding the surrounding reality. In addition, the historical method, methods of logical comprehension, comparison, generalization, analysis, synthesis, deduction, and induction were used. Results. The study examined examples of goal setting in international, foreign, and domestic regulatory legal acts. The need to indicate the goal in the text of the Criminal Law, as well as in the Concept of Criminal Law Policy, according to which the fi ght against crime is a necessary condition for ensuring national security, is substantiated. It is concluded that the goal of the criminal law should serve as a methodological basis for achieving the objectives of criminal policy in the context of modern challenges. The author's formulation of the goal of the criminal law is proposed: this is the confrontation of crime with preventive measures of Criminal Law impact.
Keywords:
Criminal Law, purpose of the law, fi ght against crime, criminal policy, Criminal Law impact, crime prevention.
Criminal Law, purpose of the law, fi ght against crime, criminal policy, Criminal Law impact, crime prevention.
