Criminal law policy in contemporary Russia: issues of criminalization and decriminalization

Introduction. The criminal law policy of any state is a consequence of the main directions of policy in a global sense. In recent decades, there has been a trend where the legislator criminalizes and decriminalizes a number of criminal acts, and then returns the previously existing norms to their original state. There is also an artificial increase in criminal law norms in the same area, which is not always appropriate. The authors of the article examine the aforementioned processes in detail and identify their positive and negative aspects. Purpose. A comprehensive analysis of the processes of criminalization and decriminalization taking place in the criminal law policy of the Russian Federation.

Theoretical foundations. Methods. The theoretical basis of the research was made up of scientific articles, statistical reports of government departmental structures, materials of judicial and investigative practices. The methodological basis is made up of commonly used scientific research methods, the application of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches to the study of an urgent problem.

Results. The main forms of implementation of criminal law policy today are law-making, law enforcement and legal culture. Each of the listed forms is a reflection of the state policy and expresses its orientation. A lack of understanding on the part of government officials of the true meaning of criminal law as such can provoke adverse phenomena in society (marginalization of the population, an increase in the number of prisoners, etc.), which is unacceptable. Today, such processes are taking place in states with excessively strict government policies. For small states, it is typical that preventive measures are not so much based on criminal legislation, but rather on measures taken by the state, such as technical measures (installation of surveillance cameras on all streets).

Conclusions. Based on the conducted research, the authors note the objective necessity of bringing the administrative and pre-judicial norms contained in the criminal law to a common denominator. Thus, the authors of the article propose placing the following wording in the disposition of the relevant articles of the criminal law: "committed by a person who has been administratively punished for a similar act or has a criminal record for committing a crime under this article." 

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