On the Dualistic Nature of Panishment: Regularity or Subjectively Determined Construction of its Target Purpose and Application

The article attempts to provide a socio-criminological understanding of the existence of criminal punishment and its application to criminals to ensure the safe existence of a person and social systems of his/ her life in modern politically organized societies. It is shown that the real criminal law policy is increasingly based on the retributive-punitive content in the application of punishment in order to ensure the public order established by the state. This is due to the dualistic nature of punishment, as a result of which even at the level of criminal law, the possibility of using punishment as a repressive act of neutralization of not so much a crime as class-hostile to the established legal order criminals is allowed. The necessity of developing a universal legal platform for justifying and applying punishment as a resocialization means of atoning for guilt, on which a criminal law policy for applying punishment should be consistently built, is substantiated.