Project of Tackling Criminality: an Experience of Drafting a Project of Criminal Policy in the 2nd decade of the 21st century
Abstract
Panchenko Pavel - Professor, Head of the Department of Criminal Law and Criminal Process, Nizhniy Novgorod Campus of National Research University Higher School of Economics, Honoured Lawyer of the Russian Federation, Doctor of Juridical Sciences. Address: 25/12 Bolshaya Pechyorskaya Str., Nizhniy Novgorod, 603155, Russian Federation. E-mail: panvest@mail.ru.
On the basis of analyzing criminality and its reasons, measures taken to tackle it and the ideas of students as to Russian criminal policy in the second decade of the 21st century, the article outlines the policy for the near and further prospective. The article shows the main trends, reveals their essence, makes up ideas to increase the efficiency of organizational, legal and other activity in this area. The students have come to the conclusion that criminality can be effectively fought by the power with a clear political will and relying not only criminal law but a wide range of other factors such as political, economic, social, cultural, organizational as well as the factors preventing crimes. The article proposes to shape criminal policy on the basis of academic views of the perspectives of the further development of moral, constitutional and international law pillars of the policy. Deep and comprehensive study of criminality and measures to tackle it are required and reform the entire system of law-enforcement agencies (not only of internal affairs bodies). Besides implementing the principle of inevitability of liability, the principle of independent judges should be real but not illusory. Relying on the academic approach, the students promote for a detailed deep and comprehensive study of the causes of criminality. If we still do not understand where criminality comes from, we first need to ask criminals about it during investigation procedures, in court and in prison – as they know the answer for sure. Besides proving a crime we need to think about the causes of crimes. First results of the police reform have been shown as well as recommendations as to new measures in this regard. Ways of improving criminal legislation have been outlined at the final stage of the transitional period and the initial stage of the next constructive development.
