Forms of implementation and means of criminal law policy. The relationship between the concepts of “criminal policy” and “criminal legal policy” Types of sanctions in the Criminal Code

Criminal law policy

engaged in the study of government and social activities aimed at reducing and eliminating crime. Problem U.- legal policy- establish the general principles of these activities and indicate the most appropriate means of their implementation in practice. Legal policy is based on legal sociology, uses its conclusions and operates with crime and criminals as with data and clarified phenomena. Legal policy is a branch of general state policy. Its connection with criminal law, understood in a close sense, as a set of legal provisions relating to crimes and punishments, lies in the fact that the principles established by it must receive legal formulation in criminal law. This definition criminal law policy is not currently generally accepted; Until now, not only its content, but also its very right to exist is being challenged. Representatives of the classical trend in criminal law, who understand it exclusively as a legal and technical discipline, do not find the need for the existence of a legal policy. The unity of principles and the appropriateness of their application recede into the background for them before the development of legal and legislative definitions. Any introduction of other material - anthropological, sociological, political - is considered by them as a transition beyond the boundaries of the science of criminal law and unnecessary intervention of disciplines alien to it. This opinion, however, is held only by irreconcilable classics; the rest are trying to preserve the old through agreements and concessions to the new, and the number of concessions includes the recognition of U.-legal policy. Most criminologists reject the definition of the main goal of criminal justice policy as the desire to eliminate crime, considering the latter impossible and even undesirable. In this regard, authors of very different shades agree. A well-known representative of the classical movement, Prof. Binding recognizes that a crime of passion is a necessary condition progress. Writers from other camps also join Binding, for example. Alimena. A staunch opponent of Binding, Prof. Liszt (q.v.), finds that crime is as eternal as disease and death, and that social reforms will only be able to achieve a reduction, not an elimination of crime. But to what extent can this decrease go? How far will it be from elimination? The lack of an exact answer to the proposed questions allows us to recognize the goal of the Ukrainian legal policy as the elimination of crime through its gradual reduction. Ferry and Tarde support the admissibility of such a goal in the fight against crime. Ferry emerges from the fact that the angle is gradually improving. justice, from the development of a sense of justice, which will become general, strong and organic over time and will lead to a completely different social system than the current one; then punitive measures will disappear as unnecessary, and only the treatment of a small number of sick criminals will remain. Tarde points to the moralizing influence of civilization and, based on the fact that crime arose in society as a result of the conditions for the growth of human culture, comes to the conclusion that with the high development of civilization it will have enough power to eliminate crime. He moves away of this golden age by the time civilization covers the entire earth and assimilates humanity. The scope of the content of the Ukrainian legal policy also seems controversial. Usually its task is considered to be the study of the appropriate design of punitive measures necessary for the successful fight against crime (see Politics). Such a limitation on the subject of legal policy cannot be accepted, since good organization of punitive measures alone is not enough to reduce crime; it is necessary that all angle. law and legislation were built in accordance with the angle. political principles, so that next to punitive institutions there are institutions of a political nature. Only legislation imbued with general principles, based on the institutions corresponding to them, can fruitfully fulfill its goals. Therefore, modern criminologists, adhering to a social direction, are expanding the field of criminal justice policy; Weinrich, for example, defines it as a set of provisions on actions and omissions subject to punishment, and on the structure of the latter in order to reduce crime. The French scientist Gauclair defines the scope of legal policy by social facts related to crimes, their causes and consequences. The lack of precision and certainty in the concept of legal policy also explains the construction of the most outstanding representative of the social trend in Germany, prof. List, who defines U.-legal policy as “a systematic presentation of the principles of struggle legal order with crime through punishment and related measures, based on the study of crime in its manifestations and causes and punishment in its application and results." List divided the legal policy into two independent departments: 1) criminology (the study of the causes and conditions of crime) and 2) penology (the study of punitive measures), and connected criminal law policy with legal law itself, introducing for them a new term “criminal legal science”. This division contradicted the above definitions only formally, since in essence it was legal law. politics is inevitably closely connected with criminology, or sociology, and criminology and legal policy, in turn, are the basis on which law in the narrow sense rests. legal policy was left by List: he recognized the independent disciplines that make up legal science: 1) criminology, 2) penology and 3) By the latter he understands the expedient fight against crime, mainly, but. not exclusively through punishment and similar measures. In this formulation, the definition comes close to the above. Ferry is collectively called the corner. Sociology also understands the presentation of U.-legal policy, at the same time allowing the possibility of the independent existence of the latter discipline and attributing to its area the implementation of principles and conclusions. sociology. The separation of legal policy into an independent discipline seems useful, since both criminology and legal policy, each separately, provide enough material for independent existence. While ensuring their detailed development to a greater extent, such an existence does not in the least interfere with the connection between different branches of the science of crime and measures to combat it.

Literature. Liszt, "Kriminal-politische Aufgaben" ("Zeitschrift für gesamte Strafrechtswissenschaft", 1889, 1890, 1892; there is a Russian translation); his, “Die psychologischen Grundlagen der Kriminalpolitik” (ibid., 1896); his, “Die deterministischen Gegner der Zweckstrafe” (“Zeitschrift für g. Strafrechtswissenschaft”, 1893); Weinrich, "Strafrecht und Kriminalpolitik" ("Zeitschrift", 1897); Ferri, "La justice penale"; his, "La criminologie"; Tarde, "Criminalité comparée"; Liszt, "Die Aufgaben und die Methode der Strafrechtswissenschaft" ("Zeitschrift", 1900); Gauckler, "La peine et la fonction du droit pénal" ("Arch. de ranthropologie criminel.", 1893); Saleilles, "L"individualisalion de la peine" (1898); Cuche, "Un peu de terminologie" ("Revue pénitent.", 1900); V. Przhevalsky, "Prof. Fr. List and his basic views on crime and punishment" (1895). On attempts to apply the principles of U.-legal policy to punitive measures, see Delvincourt, "La lutte contre la criminalité"; Joly, "Combat contre le crime"; W. Tallack , "Penological and Préventive Principles" (Lond., 1896); Prince, "Crime and Repression."

A. Timofeev.

encyclopedic Dictionary F. Brockhaus and I.A. Efron. - S.-Pb.: Brockhaus-Efron. 1890-1907 .

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Concept, subject, system, methods and tasks of criminal law
- The concept of criminal law, its subject and system
- Methods of criminal law
  - Method of criminal legal regulation
- Objectives of criminal law
Principles of criminal law
- Principles of criminal law
The main stages of development of the General part of Russian criminal legislation
- Formation of the General Part within the framework of the uncodified criminal legislation of Russia (X-XVIII centuries)
- Structural isolation of the General Part as a subsystem of Russian criminal legislation (1813-1845)
- Development of the General Part in the system of codified criminal legislation of Russia (1845-1996)
Criminal law and criminal policy
- The concept of criminal law policy
- Contents of criminal law policy
- Criminalization and decriminalization
- Penalization and depenalization
Criminal law
- Concept of criminal law
- Criminal law and its internal structure
- Criminal law and criminal law
- The effect of criminal law over time
  - Retroactive force of criminal law
- The action of criminal law in space
- The effect of criminal law on a circle of persons
- Extradition of persons who have committed a crime
- Interpretation of criminal law
Crime concept
- The meaning of the concept of crime
- Act as a sign of a crime
- Social danger of an act as a sign of a crime
- Guilty commission of an act as a sign of a crime
- Prohibition of an act by criminal law under threat of punishment as a sign of a crime
- Classification of crimes
Criminal liability and its basis
- Concept and types of criminal legal relations
- Concept and types of criminal liability
- Basis of criminal liability
- Criminal liability and measures of a criminal legal nature
Corpus delicti
- Concept, structure and meaning of the crime
- Elements and signs of a crime
- Types of crimes
- Correlation between the crime and the corpus delicti
Object of the crime
- The concept and meaning of the object of the crime
- Types of crime objects
Objective side of the crime
- Concept and meaning objective side crimes
  - Understanding the objective side of the crime
- Criminal act and inaction
- Criminal harm
- Causality
- Time, place and situation of the crime
The subjective side of the crime
- Concept, signs and meaning subjective side crimes
- The concept of guilt and its forms
- Intention and its types
- Negligence and its types
- Double and mixed forms of guilt
- Innocent mischief (case)
- Motive and purpose of the crime
- Emotions
- Error and its criminal legal significance
Subject of the crime
- The concept of the subject of a crime
- Age at which criminal liability begins
- Concept of insanity
- Criminal liability of persons with mental disorders that do not exclude sanity
- Responsibility for crimes committed while intoxicated
- Special subject crimes
Stages of committing a crime
- The concept and types of stages of committing a crime
- Completed crime
- Grounds for criminal liability for an unfinished crime
- Preparing for a crime
- Attempted crime
- Voluntary refusal from crime
Complicity in crime
- The concept and meaning of the institution of complicity
- Signs of complicity
- Types of accomplices
  - Executor
  - Organizer
  - Instigator
  - Accomplice
- Types and forms of complicity
  - Group of persons
  - Criminal community ( criminal organization)
- Grounds and limits of liability of accomplices
- Features of responsibility individual species accomplices
  - Qualification of failed complicity
Circumstances excluding the criminality of the act
- The concept and types of circumstances excluding the criminality of an act
- Necessary defense
  - Signs necessary defense
- Causing harm when detaining a person who has committed a crime
- Urgent necessity
  - Signs of an act committed in a state emergency
- Physical and mental coercion
- Justified risk
- Execution of an order or instruction
Multiplicity of crimes
- General concept and forms of multiplicity of crimes
- The concept and types of a single crime
- Set of crimes
- Recidivism of crimes
- Competition of norms
Concept and purposes of punishment
- Punishment concept
  - Punishment and other criminal law measures
- Purposes of punishment
System and types of punishments
- The concept of a punishment system
- Classification of punishments
- Fine
- Deprivation of the right to hold certain positions or activities certain activities
- Deprivation of a special, military or honorary title, class rank and state awards
- Mandatory work
- Correctional work
- Limit on military service
- Restriction of freedom
- Arrest
- Confinement in a disciplinary military unit
- Deprivation of liberty
- The death penalty
Assignment of punishment
- General principles of sentencing
- Circumstances mitigating and aggravating punishment
- Appointment more mild punishment than provided by law
- Special rules mandatory mitigation and enhancement of punishment
- Assignment of punishment according to the rules of the totality of crimes or sentences
- Determination of punishment terms and offset of punishment
- Conditional sentence
Exemption from criminal liability
- The legal nature of the institution of exemption from criminal liability
  - Types of exemption from criminal liability
- Exemption from criminal liability due to the expiration of the statute of limitations
- Exemption from criminal liability due to active repentance
- Exemption from criminal liability due to reconciliation with the victim
Exemption from punishment
- Concept and types of exemption from punishment
- Conditional early release from serving a sentence
- Replacement of the unserved part of the sentence with a more lenient punishment
- Exemption from punishment due to a change in situation
- Exemption from punishment due to illness
- Deferment of serving sentences for pregnant women and women with young children
- Exemption from serving a sentence due to the expiration of the statute of limitations for a court conviction
Amnesty, pardon, conviction
- Amnesty
- Pardon
- Criminal record
Features of criminal liability of minors
- A minor as a participant in criminal legal relations: the concept and features of criminal legal status
- The system of punishments for minors and their features
  - Compulsory work for minors
  - Deprivation of liberty for minors certain period
- Peculiarities of imposing punishment on minors
- Features of the release of minors from criminal liability
- Peculiarities of releasing a minor from criminal punishment
- Compulsory educational measures
- Features of calculating statutes of limitations and criminal records
Compulsory medical measures
- Concept, grounds and purposes of application coercive measures medical nature
- Types of compulsory medical measures and their features
- The procedure for the execution of compulsory medical measures

The content of criminal law policy is determined by the tasks facing this area of policy in the field of combating crime. Politics (from the Greek politike - “the art of governing the state”) is ultimately participation in the affairs of the state, determining the forms, tasks, and content of the state’s activities. In this sense, criminal law policy represents the orientation of state activities towards the fight against crime using specific criminal legal means. The substantive side of criminal law policy is formed by the following elements.

Firstly, the definition of the basic principles of criminal law impact on crime. These principles, being a reflection of the general guiding principles of criminal policy in the field of criminal law, also have their own characteristics.

Secondly, the establishment of a range of socially dangerous acts recognized as criminal (criminalization) and the exclusion of certain acts from the list of crimes (decriminalization).

Thirdly, establishing the nature of the punishability of socially dangerous acts (penalization) and the conditions for exemption from criminal liability or punishment (depenalization).

Fourthly, the definition of alternative measures to punishment of a criminal nature (substituting measures), as well as measures used along with punishment (reinforcing measures).

Fifthly, the interpretation of current legislation in the field of combating crime in order to clarify and clarify its exact meaning.

Sixth, the direction of activity law enforcement on the practical application of institutions and norms of criminal law, determining their effectiveness.

Thus, the content of criminal law policy is not limited to lawmaking; it also includes law enforcement activities. However, the main thing, the main thing in its content is the discovery of those negative phenomena that need to be combated by criminal legal means, awareness of the need of society for criminal legal regulation, establishment of criminal punishability of socially dangerous acts, limitation of the range of crimes, determination of the nature of punishability, measures of criminal liability and conditions for release from it.

Criminal law is socially conditioned. It is not created “just in case”, not “in reserve”, but is produced by the real needs of society for a criminal prohibition and more or less adequately reflects them in the criminal law norm. It can still be assumed that, due to the complexity of legislative activity, among the adopted norms, some of them do not fully reflect the needs of society in criminal legal regulation. Defects of norms may also consist in the lack of the necessary clarity, stability and certainty of legal regulations. Hence their low efficiency even in conditions of impeccable work of law enforcement agencies. The fact that this is true is indirectly confirmed by a certain instability of modern criminal legislation.

One can also imagine the opposite situation, when the reasons for the weak “survivability” of norms lie not so much in the costs of the norms themselves, but in the shortcomings of the practice of their application. As a result of the interaction of both factors, either low applicability of individual standards or errors in qualification occur. Let us at least refer to the practice of applying Art. 213 of the Criminal Code of the Russian Federation (hooliganism). In cases of hooliganism, errors in qualifications are sometimes recorded in 46.8% of cases. Sociological research shows that among all the reasons and conditions for mistakes made by law enforcement agencies, the fourth place in terms of subjective significance is occupied by such a factor as the ambiguity and inconsistency of legislation.

Disadvantages that reduce efficiency legal norms, can be attributed to: discrepancy between the norms of law and the objective laws of social life; incorrect definition of the goals of legal regulation; wrong choice legal means achieving goals; insufficient consideration of the conditions of the norm; violation of the relationship between elements of the legal regulation system (including between the norms of different branches of legislation); internal inconsistency of the norm, excessive complexity, incomprehensibility of the norm for performers; impracticability of sanction norms, etc.

Taking into account complex nature criminal and political requirements for the lawmaking process, the transformation of certain forms of social reality into criminal legal prohibitions is possible only on a strictly theoretical basis. Any policy is based on a certain theory. The scientific basis of criminal law policy in the field of lawmaking is the theory of criminalization and penalization.

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Criminal - legal policy as the main element of state criminal policy

criminal legal policy

The Russian science of criminal law, in our opinion, is largely premature. She has prepared a huge number of ideas for future use, just take them and use them skillfully!

One of the most discussed problems today is the problem of the relationship between state, criminal and criminal law policies.

Issues of determining the scope of criminal law policy are reflected in the works of L.V. Barinova, S.S. Boskholova, Yu.V. Golika, I.E. Zverovchatsky, A.N. Ignatova, N. A. Lopashenko, Yu.I., Lyapunova A.I. Korobeeva, N.E. Martynenko, P.N. Panchenko, V.P. Revina, A.V. Uss et al.

If there are no problems with the definition of state policy, and many authors consider it as a national course pursued, then problems arise with the relationship between criminal and criminal law policies.

The authors have different understandings of the scope and boundaries of criminal and criminal law policy. Some include in the concept of criminal law policy the penal policy, the criminal procedural policy, and the criminological policy; others believe that these are independent parts of the domestic policy Lopashenko N.A. Fundamentals of criminal law: criminal law, criminal law, criminal law policy. St. Petersburg, 2004. P. 263..

A.V. Blinnikov, for example, suggests that the essence of criminal legal policy is the development of criminal legal norms that adequately reflect the nature of the threats created by socially dangerous actions (inactions) of people and protect the interests of the individual, society and state from them. It seems to us that they have narrowed the content of criminal law policy.

In his opinion, the goal of criminal law policy is to develop criminal legislation that adequately reflects the needs of society in protecting the individual, society and the state from socially dangerous attacks. At the same time, the author identifies the tasks of criminal legal policy that clearly go beyond the framework of the formation of legislation (that is, the goals defined by it), for example, the formation of ideas, views on the goals and possibilities of combating crime in general and on its individual manifestations by criminal legal means; possible more complete consideration of the interests of the individual, society and the state that need protection from socially dangerous attacks, etc.

M.Yu. Voronin proposed his classification of views on the definition of criminal policy that exist in science. He highlights: 1) the approach according to which criminal policy includes the entire set of measures of criminal legal influence on crime; 2) the approach according to which criminal policy is related to the social prevention of crime, the impact on its determinants and the use of criminal legal measures; 3) a wide range of measures, ranging from criminal law to measures of social development Voronin M.Yu. Criminal policy: concept, history of origin and development. M., 2000. P. 265..

We do not set ourselves the goal of studying all concepts on issues of criminal and criminal law policy; we have given only a couple of examples in order to show the views of various scientists

We believe that criminal law policy is an element of state policy. It is a priority in relation to penal, criminal procedural, and criminological policies. In this regard, we agree with the opinion of N.A. Lopashenko that any policy included in the state policy of combating crime is based on the concepts of criminal and punishable developed by criminal law policy and proceeds from them.

Ultimately, effective counteraction to crime is possible only if there is a detailed criminal law policy.

Let's quote it: any action or inaction directed against the Soviet system or violating the legal order established by the Workers' and Peasants' government for the period of time transitional to the communist system is recognized as socially dangerous.

Modern society is already ready for criminal law policy to become transparent and clearly formulated. With the stabilization of relations in the country, such a criminal policy should be developed, and within its framework, a criminal law policy, the content of which can be judged by its conceptual provisions, and not guessed from the text of individual norms. The time has come for a clear criminal legal course, enshrined in the national doctrine of Russian criminal policy.

It can hardly be argued that criminal law policy is not ideologized, i.e. devoid of class ambitions and interests, because the idea or will comes from a class, a group of persons who carry out public administration. However, we understand that both overly ideologized and absolutely not ideologized criminal law is harmful to society.

Therefore, modern criminal law policy should contain a unifying idea and serve not class interests, but universal human values. Taking into account the different ideological positions, it must develop something in between that meets the Constitution and protects society from radical manifestations of ideology.

A.V. Blinnikov, for example, points out that when revealing the content of criminal policy, we must not forget that this is a historically variable phenomenon, depending on a whole set of objective and subjective factors.

In our opinion, the author quite rightly refers to the objective factors as the historical type of the method of production, production relations, contradictions between productive forces and industrial relations; political relations; legal relations and norms like legal forms implementation of social and, above all, industrial, political and moral-ethical relations; other types of social relations...among which moral and interpersonal relations are of particular importance.

The author considers the subjective factors influencing the content of criminal policy to be: interests, needs of subjects of criminal policy and subjects of legal relations; personal qualities, mental processes, properties, states and education of socio-political leaders, subjects of legal relations and others Criminal law of Russia. Parts General and Special: textbook. / ed. A.V. Briliantova. - M.: prospectus, 2009. - P. 45..

Obviously, the same subjective and objective factors influence the content of criminal law policy, since it is an element of criminal policy.

The relationship between state, criminal and criminal law policies should, in our opinion, be as follows. Public policy is fundamental, then comes criminal policy, outlining general guidelines in the field of combating crime, and then follows criminal law policy as the specification and implementation of the main tasks determined by the state in order to combat crime, facing criminal legislation and law enforcement practice, as well as before criminal legal science.

The main directions of modern criminal policy are the fight against corruption, organized crime, terrorism, environmental crimes. These and other areas are implemented through specific activities carried out within the framework of criminal law policy.

We believe that the concept of criminal legal policy should be as follows: criminal legal policy is part of the state criminal policy, which is aimed at combating crime to protect the individual, property, state and other objects (interests) protected by criminal law from criminal encroachment.

The goal of criminal law policy is to influence crime by developing theoretical concepts aimed at combating and preventing crime; formation of coordinated criminal, criminal procedural, penal legislation and regulation of application practice.

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THE DEFINITION OF CRIMINAL JURIDICAL POLICY

M.P. KLEIMENOV M.P. KLEYMENOV

The concept of criminal law policy, its goals and structure is considered, and the author’s view on the definition under study is proposed.

The conception of criminal policy of law, its aims and structure are considered; the authorial regard to the investigative definition is offered.

Keywords: criminal legal policy, goals, means and structure of criminal legal influence.

Key words: criminal policy of law, aims, facilities and structure of criminal legal action.

Criminal law policy is the purposeful activity of the state to limit crime by means of criminal law.

From the above definition it can be seen, firstly, that criminal law policy is a purposeful activity. The state, in principle, is responsible for developing a crime control strategy that would ensure adequate effectiveness of general crime prevention and high activity in the application of special prevention measures.

Secondly, criminal law policy falls within the competence of the state (represented by its competent bodies). Other institutions (for example, the public) cannot be its direct subjects due to the high level of repressiveness of criminal legal measures and their significance for a person’s fate. Non-state institutions play a supporting role (for example, advisory), providing assistance to the state in solving relevant problems (more often

On behalf of government agencies, less often - on an initiative basis).

personal responsibility - both in terms of the state’s obligations to the international community and in relation to citizens who fall into the orbit of criminal law.

The goals of criminal law policy are:

1. Definition of the conceptual foundations of the criminal legal fight against crime. Here, the elaboration of issues of ideology in the fight against crime is of great importance, since it is the concept that embodies the ideological basis of criminal law policy and bears the stamp of modern political ideology. During development criminal law concept in the fight against crime, one should keep in mind the dynamics of legitimacy, understood as the significance of criminal law norms for the population, criminals, victims and law enforcement officers.

2. Justification of the limits of criminal law regulation. It is necessary to take into account the idea of limited criminal legal regulation in both quantitative and qualitative aspects. Limits exist everywhere, and they exist in the field of criminal law. These limits are set by a complex of various circumstances, among which it is advisable to mention:

Inadmissibility of persecution for the way of thinking;

Availability of an alternative to criminal law;

State of the social and legal situation. Criminal law completes the process of socio-legal regulation of conflict relations and is its logical end;

Potential organizational structure. This structure permeates all areas and stages of criminal legal activity; serious success in this area is guaranteed only by a professional (and not amateurish) approach;

Possibilities resource provision;

Level public consciousness and psychology;

Attitude of offenders to criminal manifestations and punishability.

3. Identification of priority areas in the fight against crime. The priority of certain areas of the fight against crime is an objective reality. Conventionally, two types of formation of criminal law policy can be distinguished: reflexive and normative. The reflexive type develops through a spontaneous response to a criminological situation. The goals of the criminal legal struggle, their sequence (priority) are determined spontaneously, under the pressure of prevailing circumstances. Another feature of the reflexive approach is its focus on the “availability” of objects of criminal legal influence. In other words, like any spontaneous process, it develops along the line of least resistance. In addition, the reflexive type is characterized by a delayed response. Finally, distinguishing feature formation of priorities through reflection - excessive emotionality. Emotionality is an important quality of the approach under consideration, since it is the means that allows us to direct the reaction of society in the right direction and thereby divert the attention of the legislator and law enforcer from the real problems.

In contrast, the normative type of formation of criminal law policy is characterized by rationality, validity, and thoughtfulness. He is distinguished by his knowledge of the real situation.

4. Coordination with other types of policies: criminological, judicial, criminal-executive, administrative-legal, etc. If, for example, criminological policy is characterized by the presence of a number of negative trends (alcoholism and drug addiction, immorality, indifference, irresponsibility are spreading in society, social programs measures to prevent crime are not implemented), then the positions of criminal law policy are seriously weakened: it loses its functional significance and turns into a means of regulation public relations as a weapon of revenge and intimidation.

A strong criminal law policy is characterized by ensuring freedom (to make decisions) and responsibility (for their consequences, which are in a causal relationship with decisions). If we take it as an axiom that power and financial power increase the number of degrees of freedom in the process of developing and making decisions, then the degree of responsibility should also increase.

The goals of criminal law policy are expressed in the definition of its objectives and basic principles. These objectives and principles are formulated in criminal law.

The content of criminal law policy includes, firstly, the establishment of a range of socially dangerous acts recognized as crimes. This circle, on the one hand, contains a group of crimes recognized as such in the criminal legislation of almost any state (the so-called universal crimes: murder, rape, theft, etc.). On the other hand, social dynamics reveal encroachments, the social danger of which becomes increasingly noticeable along with the development of certain processes (for example, terrorism). Criminal law policy in its content must adequately reflect and express the social danger of certain phenomena.

Integral assessment public danger crime is punishment. Therefore, the content of criminal law policy includes, secondly, how

innovation general conditions punishability and characteristics of types of punishment, as well as determining the type and amount of punishment for a specific act committed.

Some crimes may be characterized for one reason or another by the loss of public danger. In this case, criminal law policy decriminalizes the relevant acts. This is the third element of its content.

Fourthly, in connection with certain conditions related to the personality of the perpetrator, his behavior or social

new situation, punishing the person becomes inappropriate. Here, criminal law policy provides the conditions and procedure for the depenalization of the crime committed.

Fifthly, criminal law policy is responsible for developing scientific foundations qualifications of crimes and interpretation of current legislation.

Sixth, criminal law policy ensures proper law enforcement, evaluates the effectiveness of criminal law regulations, making appropriate adjustments as necessary.

Criminal law policy is the purposeful activity of the state to limit crime by means of criminal law.

From the above definition it can be seen, firstly, that criminal law policy is a purposeful activity. The state is, in principle, responsible for developing a crime control strategy that would ensure adequate effectiveness of the general prevention of criminal attacks and high activity in the use of special prevention measures.

Thirdly, criminal law policy deals with a specific group of norms, which is not only distinguished by the severity of social response to deviant behavior, but is also characterized by the most significant responsibility - both in terms of the state’s responsibilities to the world community and in relation to citizens who have fallen into crime. into the orbit of criminal law.

The goals of criminal law policy are:

1. Definition of the conceptual foundations of the criminal legal fight against crime. Here, the elaboration of issues of ideology in the fight against crime is of great importance, since it is the concept that embodies the ideological basis of criminal law policy and bears the stamp of modern political ideology. When developing a criminal law concept for the fight against crime, one should keep in mind the dynamics of legitimacy, understood as the significance of criminal law norms for the population, criminals, victims and law enforcers.

Inadmissibility of persecution for the way of thinking;

Availability of an alternative to criminal law;

State of the social and legal situation. Criminal law completes the process of socio-legal regulation of conflict relations and is its logical end;