Open AccessInstitute of multiple crimes: problems of codification
Author(s) -
Д М Семенова
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-2021-7-4-97-101
Subject(s) - legislation , criminal law , criminal code , political science , institution , law , criminology , phenomenon , criminal liability , consolidation (business) , sociology , business , epistemology , philosophy , accounting
The article is devoted to the study of the institute of plurality of crimes from the perspective of codification of criminal legislation. In the light of the 25th anniversary of the Criminal Code of Russian Federation, the author of the article analyzes the changes in the institution of plurality of crimes, identifies the shortcomings of its consolidation in the codified criminal law associated with incomplete structural isolation and gaps. It is noted that the multiplicity of crimes is a socio-legal phenomenon, accordingly, the concepts and norms of the criminal law institute of the multiplicity of crimes should not be interpreted only formally and legally. The author of the article concludes that the ideas of the relationship between crimes committed by one person and the increased public danger of most variants of multiple crimes, as well as the identity of the recidivist, have conceptual significance for the inclusion of the institution of multiple crimes in the codification process and in general for the codification of criminal legislation. These ideas are a necessary condition for the development of a conceptually clear criminal policy that reflects the specifics of criminal liability relations and provides a resultant counteraction to crime.