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ISSUES OF EXPEDIENCY OF INTRODUCTION OF NEW CRIME COMPONENTS INTO THE RUSSIAN CRIMINAL LEGISLATION

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PDF: Author(s): Kruglikova D. A., Podroikina I. A.,
Number of journal: 1(46) Date: February 2019
Annotation:

The article analyzes the state of the modern criminal legislation; it states that the current criminal code lost its stability long ago due to its numerous changes and additions. Since 1996 to the present, more than 200 laws amending the criminal code have been adopted. Attention is drawn to the lack of objective need to supplement the criminal law with new crime components, as this leads to a pile of legislative material and does not contribute to effective law enforcement. The introduction of new crime components, the revision of existing norms of the criminal code is usually due to the shortterm political desires carried out without sufficient scientific study, without taking into account the rules of legislative technology, which causes reasonable criticism in the scientific community. With this in mind, the authors analyze some of the novelties of domestic criminal law, with a parallel study of public attitudes and the political situation in the country, the possible reasons that influenced the decision to incorporate appropriate changes into the criminal code. In particular, based on statistical data, an assessment of the effectiveness of articles of the criminal code aimed at combating the spread of suicide among minors, the expansion of the scope of article 217 of the criminal code, from a critical point of view the introduction of the criminal law of the Institute of administrative prejudice, strengthening of criminal liability for cruelty to animals, the possible prospects of establishing criminal liability for dismissal of persons of pre‑retirement age based on the experience of Belarus. Summing up, the authors come to the conclusion that when amending the criminal code, the legislator should rely more on the doctrinal base, historical and foreign experience rather than on the public opinion.

Keywords:

humanization, liberalization, digitalization, crime, suicide, administrative prejudice, petty theft, retirement age, dismissal, alcohol‑containing products, digital currency, legalization.

For citation:

Podroykina I. A., Kruglikova D. A. Issues of expediency of introduction of new crime components into the Russian criminal legislation // Business. Education. Law. 2019. No. 1 (46). Pp. 358–362. DOI: 10.25683/VOLBI.2019.46.127.