THE PROBLEM OF DE-UNIVERSALIZATION OF THE CRIMINAL LAW

The article touches upon the problem of non-systemic amendments to the Criminal Law of the Russian Federation. The author presents the thesis on the adoption of a number of laws that included new articles of a Special part in the Criminal Code of the Russian Federation, without a deep analysis of the expediency of such changes and correlation of new provisions with existing criminal law institutions. It is pointed out that the provisions of the Criminal Law should have the property of universality as the ability of the norm to regulate all similar legal relations in a certain area, and not a small part of them in a number of similar ones. The author attempts to substantiate the claim that the hasty introduction of new articles by the legislator into a Special part of the Criminal Code of the Russian Federation led to the loss of a number of norms of this universality. Examples of articles of the Criminal Code of the Russian Federation unreasonably aimed at regulating a narrow sector of public relations in the presence of universal norms that extend their effect simultaneously, both to the sphere of regulation of highly specialized articles and to many other cases of criminal behavior are described in detail. In the course of the study, a conclusion is formulated about the actual contradiction of a number of new articles of the Criminal Code of the Russian Federation, both to the classical approaches to the qualification of acts committed in complicity with the distribution of roles, the hierarchy of the degree of public danger of various accomplices of criminal activity adopted by the scientific community, and the position of the Supreme Court of the Russian Federation on these issues. The article concludes that the new norms of the Criminal Code of the Russian Federation introduce confusion, unnecessary difficulties into law enforcement, and, as a result, reduce the effectiveness of the Criminal Law by such novelties. The author substantiates the need to exclude from the Criminal Code of the Russian Federation norms that do not meet the requirement of universality, and to ensure in the future a more balanced approach to making changes to the Criminal Code of the Russian Federation.

universality of the norms of the Criminal Law, amendments to the Criminal Code of the Russian Federation, consistency of the Criminal Law, inconsistency of the provisions of the Criminal Code of the Russian Federation, effectiveness of law enforcement, qualification of complicity with the distribution of roles, duplication of norms in the Criminal Law, hierarchy of accomplices, complicity, redundancy of the norms of the Criminal Code of the Russian Federation

Vasilev Yu. A. The problem of de-universalization of the criminal law. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):268—273. DOI: 10.25683/VOLBI.2023.64.720.