Open AccessSome general theoretical, technical and legal aspects of the legal culture of the penal legislation
Author(s) -
В.В. Карпунина
Publication year - 2019
Publication title -
vestnik instituta
Language(s) - English
Resource type - Journals
ISSN - 2076-4162
DOI - 10.46741/2076-4162-2019-13-1-96-102
Subject(s) - legislation , legal culture , law , legal research , value (mathematics) , political science , legal profession , legal realism , empirical legal studies , criminal law , state (computer science) , perfection , law and economics , sociology , epistemology , computer science , philosophy , algorithm , machine learning
The subject of the research in the article is the legal culture of the penal legislation as a value socio-legal phenomenon. The author identifies the features and shortcomings of the legal culture of the penal legislation on the basis of general theoretical and technicallegal analysis. A general theoretical study of the legal culture of legislation makes it possible to consider it in close connection with the system of legal values and the objectives of the legal regulation of social relations. The concept of “legal culture of the penal legislation” reflects the value slice of the functioning of the relevant branch of law. Legal technology allows you to see the inner, deep essence of the legal culture of legislation, identify existing defects and identify ways to correct them. The qualitative state of the legal culture of the penal legislation depends on the technical and legal level of perfection of legal norms and their ability to achieve social goals. Technical and legal tools of the penal legislation have a set of qualities that are due to the nature of legal technology as a technique of social and legal regulation. To increase the technical and legal level of the legal culture it is necessary to fix a coherent system of legal procedures for the execution of criminal sentences in the penal code; exclusion of certain norms that do not correspond to the existing socio-economic conditions and do not contribute to the achievement of the goal of the penal legislation. The conclusions and generalizations formulated in the article can be used in the process of preparing proposals aimed at improving the existing legal policy in the field of the execution of criminal sentences.