Open AccessDevelopment trends of the Special part of the Criminal Code of the Russian Federation
Author(s) -
Д. В. Голенко
Publication year - 2022
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2021-7-4-26-29
Subject(s) - criminal code , dynamism , legislator , russian federation , law , criminal law , political science , norm (philosophy) , criminal procedure , legislation , sociology , epistemology , regional science , philosophy
There are two trends in the development of the Special Part of the Criminal Code of Russian Federation: stability and variability (dynamism). According to the author of the article, the first trend is confirmed by the fact that during the twenty-five years of operation of the domestic codified criminal law, the legislator has not changed the number and titles of sections and chapters of its Special Part. The preservation of the basic framework of the Special part of the Criminal Code of Russian Federation is a positive trend. Until a unified concept of criminal law reform has been developed, changing the structure of a Special Part with the transformation of enlarged structural (sections and chapters) can completely destroy the already fragile system of criminal law. The second trend is variability (dynamism) The special part of the Criminal Code of Russian Federation is expressed in the incessant correction of the content and number of its articles. Making changes during the validity period of the Code is the norm, if it does not violate its systems and concepts. Chaotic and scientifically unjustified transformations of a Special part entail problems in the regulation of public relations, difficulties in the application of articles. Changes are necessary, but they must meet the general concept of the criminal law and be scientifically sound.