Jurisprudence: "scissors" between theory and practice

Introduction. In the early 90s of the 20th century, the system of ideological restrictions collapsed, one could expect the rapid development of legal science and the receipt of completely new results – if we talk about criminology, then first of all, in the field of the doctrine of the personality of the criminal and

the causes and conditions of crimes. Alas, nothing like this happened: apart from cosmetic updates of existing theories, there are no revolutionary breakthroughs in scientific research. Intensive qualitative and quantitative changes in crime require new approaches to familiar legal and criminological categories in order to eliminate the "scissors" between scientific postulates and law enforcement practice, which essentially displaces theory or dissociates itself from it.

Purpose. Substantiation of the need for changes in legal science and practice due to the existing "scissors" between law enforcement practice and legal science.

Theoretical foundations. The development of legal studies has the character of a "layering" of theoretical knowledge: a certain amount of information, not very actively replenished and poorly updated, passes from textbook to textbook, from article to monograph, from monograph to dissertation. Crime is changing more intensively, therefore, the nature and practice of applying the laws of the "new normal" requires a "fresh" look at the previous legal and criminological categories, which, upon careful examination, look by no means the same as they have been accustomed to over the past decades, especially since categories of the criminal world appear in the legal sphere.

Results. The adoption of Article 210.1 of the Criminal Code of the Russian Federation necessitated the study of the concepts of the criminal world. The erroneous theory of the "insecurity" and "anxiety" of the criminal's personality needs to be changed. A law-enforcing law "On necessary defense" is needed. Criminalization and decriminalization of any acts should have a criminological basis, and not be subject to momentary conjuncture. There are violations of the hierarchical vertical of regulations when those below contradict those above, including the Constitution of the Russian Federation. A number of measures are proposed to eliminate such "scissors".

Conclusions. Explicit "scissors" between law enforcement practice and legal science are unacceptable, and their elimination is the primary task of science and practice. The author considers it necessary to combine theoretical and practical legal categories within the framework of a new, practical criminology, the creation of which seems to be an urgent task.

1. Baranov P. P. The crisis of legal science in the modern world. Philosophy of law. 2015;(1):29–36. (In Russ.)

2. Koretsky D. A., Steshich E. S. Murders: the balance of legal protection of the accused and the victim. Zakonnost Journal. 2024;(10):29-41. (In Russ.)

3. Koretsky D. A., Sergeev D. N. An attempt to use categories of the criminal world in law. Zakonnost Journal. 2024;(6):38-44. (In Russ.)

4. Criminology. Edited by academician V. N. Kudryavtsev and Professor V.E. Eminov. Moscow; 1977. 800 p. (In Russ.)

5. Koretsky D. A., Khalyava O. V. The identity of the criminal: terminological and essential problems. Ural Journal of Legal Research. 2022;(3):36-42. (In Russ.)

6. Koretsky D. A. Criminal personality assessment in theory and practice. Ural Journal of Legal Research. 2023;3(24):3-20. (In Russ.)

7. Koretsky D. A., Steshich E. S. Theft, discovery, law and theory of criminal law. Bulletin of the Faculty of Law of the Southern Federal University. 2023;10(4):75-83. (In Russ.)

8. Koretsky D. A. Criminal law lawmaking in the context of the "new normality" and modern constitutionalism. Russian justice. 2022;(5):30-34. (In Russ.)

9. Bondar N. S. Judicial constitutionalism in Russia in the light of constitutional justice. Moscow: Norma: Infra-M, 2011. 543 p. (In Russ.)

10. Koretsky D. A., Steshich E. S. Criminal and legal aspects of preventive activities in the context of the "new normality". Bulletin of Tomsk State University. 2022;(476):248–256. (In Russ.)