The systematic development of Russian criminal punishment
Автор: Rosenko S.V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 3 (46), 2025 года.
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The article examines the problematic issues of the formation of the systemic development of punishment in Russian criminal law, which should be recognized as a new systemic stage of development, due to the emergence of the phenomenon of digital technologies. The purpose of the study is to formulate a definition of the concept of disciplinary authority in criminal punishment, taking into account the increasing influence of information and digital technologies. The article examines the signs of consistency characteristic of the concept of disciplinary authority: social nature, lability, mobility, instability. The paper presents proposals for the use of information and digital technologies in the field of criminal punishment, which allow not only to control the behavior of an individual, but also to create a virtual archive of his activities for a certain period of time, as well as program his vital activity. It is proposed to single out the legal subinstitute "digital punishment" as a list of certain types of punishments, which is part of the intersectoral category of punishment as a whole, which is proposed to be consolidated in criminal and administrative punishment. The research methods were: a general scientific dialectical approach to the knowledge of punishment and information and digital technologies, which allowed us to consider these phenomena and processes in development, as well as taking into account the improvement of the approach of disciplinary authorities, and in relation to the phenomena of scientific and technological progress; methods of formal logic; private scientific methods of studying legal reality (formally dogmatic, the method of legal modeling). The necessity of forming a new list of punishments is analyzed, which is conditioned by the modern development of scientific and technological progress. As a conclusion, the article formulates a proposal on the lability of criminal punishment, which is due to the development of digital technologies that make it possible to implement the concept of disciplinary authority with new content (types of punishments) at a new stage.
Consistency, criminal punishment, measure of punishment, content and limits of punishment, additional types of punishment, digital technologies
Короткий адрес: https://sciup.org/14134018
IDR: 14134018 | УДК: 343.23 | DOI: 10.47475/2311-696X-2025-46-3-79-83