Theories of Punishment in Criminal Law Doctrine

The article deals with the issue of the state’s right to punish in the context of philosophical and legal theories of criminal law doctrine. We focus on the classification of theories proposed by Russian scholar N. S. Tagantsev. He divide them on formal theories that consider the conditions under which human society emerged as a basis for punishment, and material theories that see the basis for punishment in the nature of society and the state. The article notes that most researchers agree that punishment is an important phenomenon in social life that stems from the very nature of human society. Every society by establishing its own order of coexistence must ensure that it is protected from encroachments. The primary means of such protection is punishment, a tool of coercion that is monopolized by the state as a representative of society. In conclusion, the author argues that the state has a legitimate right to impose punishment.