Archaic Legal Consciousness as a Determinant of the Criminalization of Society: A Sociocultural Problem of Criminal Policy

The study examines the influence of sociocultural trends emanating from population groups with a certain level of mentality hostile to the legal foundations of society. Such social attitudes were formed under the influence of historical processes. The theory of law and state, criminology, and the anthropology of law closely intersect in this regard, and they are able to identify the causes of disorganizational phenomena that negatively impact legal consciousness and legal understanding. The theoretical basis of this article is a conceptual synthesis of research by Russian and Western legal scholars, cultural scientists, and criminologists on the nature of such phenomena. The application of a theoretical legal approach facilitates the identification of root causes and the development of highly specialized, sector-specific mechanisms for addressing the negative socio-legal consequences of archaization and the phenomena associated with this process. The destructive processes analyzed penetrate the legal reality of the state through specific mechanisms. An examination of the contemporary socio-legal nature of archaic practices allows for a clear understanding of the direction in which criminal law and penal policy should be developed at this stage. This provides an important understanding of the necessary direction of development, while avoiding or reversing emerging trends.