The special section of the criminal law as a reflection of the criminal policy of the Russian state

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Introduction: the article examines the legal nature and the genesis of the Special Part of the criminal legislation of Russia with an inextricable relationship with its General Part. Materials and Methods: the methodological basis of the article was the general method of dialectical epistemology in the study of the legal nature of the Special Part of the Criminal Code of the Russian Federation, its relationship with its General Part. When solving certain challenges, general scientific research methods were used in the work, in particular, comparative legal, system and structural, legal modeling, linguistic, and analysis were also used as a special scientific method of cognition. Results: in order to determine the genesis and development of the Special Part, its functional purpose in relation to its General Part, the regular connections of both parts of the criminal legislation were determined and revealed, and the methods of legislative technique for their formation were considered. The study of these issues in the best way contributed to the identification of the specifics of the Special Part of the criminal legislation. Discussions and Conclusions: the study made it possible to single out the main stages in the formation and development of the Special Part as an element of criminal law, to substantiate that the ideas of some scientists about its primacy are doubtful, and the very formulation of the question is methodologically incorrect. The methods of legislative technique, borrowed from mathematics, used in the formation and isolation of both the Special and the General parts of the criminal legislation are identified and substantiated. An analysis of the issues discussed confirms that the Special Part of Criminal Law reflects the criminal law policy of the state at a certain historical stage of its development.

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Regularities, genesis, development, isolation, element, system, technique, legislative technique

Короткий адрес: https://sciup.org/142237495

IDR: 142237495   |   DOI: 10.37973/KUI.2023.36.32.009

Статья научная