Morality in criminal law: concept and features
Автор: Tupikova Ksenia N.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 1 (71), 2023 года.
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In the article devoted to the actualization and generalization of such concepts as “object of crime”, “public morality”, the signs of the latter are considered and revealed, the significance of the study is substantiated. The importance of this topic is due to the constant increase in the level of crime in the country, manifested in violation of the rules of conduct established for the whole society by the legislator. The destabilization of the functioning of the state occurs at the moment when the subject harms the most significant spheres of life. That is why the Criminal Code of the Russian Federation establishes rules of conduct based on moral norms and moral criteria that must be observed by all members of society without exception. Only with the unconditional maintenance of law and order is it possible to achieve the objectives of criminal law. It is noted that the definition of morality has undergone some transformation, but there is no consolidation of it in the current legislation, although it appears in a special part of the Criminal Code of the Russian Federation and is actively used in practice by state bodies. In this regard, various points of view of scientists who are trying to give the most relevant definition are given, and a list of features that are absent in the science of criminal law in Russia today is also given. One of the types of morality is analyzed - public. A draft federal law is being studied, which, unfortunately, was not adopted, where the content of public morality was revealed. Based on the analytical work on the study of various approaches not only to the concept of “morality”, but also to the concept of “public morality”, the author’s formulation is proposed.
Object of crime, morality, public morality, criminal law, criminal law, society, values, moral norms, rules of behavior, person, internal qualities
Короткий адрес: https://sciup.org/14128071
IDR: 14128071 | DOI: 10.47629/2074-9201_2023_1_64_68