Boris Gavrilov, Vitaliy Krymov, Yuliya Shpagina

Criminal Misconduct: New Facets Of Russian Legislation

2022. No. 1. P. 115–139 [issue contents]
In the context of the ongoing reforms of modern Russian criminal law, one of the key areas over the past two decades has been the liberalization of criminal responsibility, including the decriminalization of a number of crimes, the reduction of criminal sanctions for certain types of illegal acts, the exclusion of qualified signs of repetition and a number of others. A special place in the issues raised is occupied by the introduction of criminal misconduct into Russian legislation, in connection with which a whole range of issues to be discussed and resolved, which, among other things, are of an interdisciplinary nature, arises. In this scientific article, the authors, using scientific methodological tools, disclose the stated problem in the theoretical and applied aspect and suggest ways to solve it. Based on the example of historical comprehension, it is concluded that the idea of a criminal offense is not new to Russian criminal legislation, and in modern reality there are all the prerequisites for its return, which is supported by the arguments of the authors, as well as the results of other scientific studies. The purpose of the study is to provide a scientific and theoretical substantiation of the need to improve the legislation of the criminal legal complex, including the development of legislative proposals for amending criminal and criminal procedural legislation aimed at protecting the rights and legitimate interests of participants in criminal proceedings, as well as criminal proceedings in reasonable time. Research methods: dialectical, formal logical, specific sociological, historical and legal, statistical, content analysis, legal and technical analysis. Results and key findings. The study allowed the authors to form a conclusion that the improvement of the legislation of the criminal legal complex is seen in the context of the differentiation of illegal acts into criminal offenses and crimes and the introduction of criminal procedure legislation for this category of acts — the protocol form of the investigation, which in general is designed to increase the level of legal and social protection of both persons and organizations affected by crimes, and persons who have committed illegal acts for the first time, the correction of which is possible without the use of criminal repression measures.
For citation: Gavrilov B.Ya., Krymov V.A., Shpagina Y.V. (2022) Criminal Misconduct: New Facets of Russian Legislation. Law. Journal of the Higher School of Economics, vol. 15, no 1, pp. 115–139 (in Russ.). DOI:10.17323/2072-8166.2022.1.115.139.
Citation: Gavrilov B., Krymov V., Shpagina Y. (2022) Ugolovnyy prostupok: novye grani rossiyskogo zakonodatel'stva [Criminal Misconduct: New Facets Of Russian Legislation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 115-140 (in Russian)
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