Dialectics of establishing criminal-legal prohibitions in relation to the acts of law enforcement and judicial officers
Автор: Burganov R.S.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (45), 2025 года.
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The article is devoted to the basics of establishing criminal-law prohibitions in relation to the actions of law enforcement and judicial officers. The latter commit a significant number of crimes that pose an increased public danger due to the special status of the persons who committed them. Based on a study of specialized literature and judicial practice, the author identifies the main problems that arise when establishing a criminal-law prohibition in relation to these persons. These include criminal-legal equality and the need to differentiate criminal liability, non-redundancy of the criminal-legal prohibition and the inevitability of punishment, the exclusivity of the criminal law as a source of criminal law, the systematic nature of criminal-legal regulation of combating crime by law enforcement and judicial officials. These problems are considered from the point of view of the dialectical approach, taking into account the law of unity and struggle of opposites. The author draws attention to the systematic nature of criminal-legal regulation of combating crime by law enforcement and judicial officials. The practical significance lies in the potential for improving the law, investigative, prosecutorial and judicial practice and more effective combating official crimes. The value of the study lies in the analysis and critical assessment of the existing criminal legislation, doctrine and judicial practice in terms of achieving the goals of preventing crimes committed by law enforcement and judicial officials.
Criminal-legal prohibition, combating crime, official crimes, official
Короткий адрес: https://sciup.org/14133311
IDR: 14133311 | DOI: 10.47475/2311-696X-2025-45-2-52-56