Criminal and legal policy in the sphere of economic criminality (some aspects)
Автор: Yakovleva Olga Alekseevna
Журнал: Legal Concept @legal-concept
Рубрика: Противодействие преступности и дифференциация уголовной ответственности
Статья в выпуске: 2 (23), 2014 года.
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The policy expresses government's functions on the management of a particular sphere of social life. Criminal and legal policy is one of the constituents of state legal policy, determining the main directions of criminal legislation development. When correlating the economic and criminal and legal policy of modern Russia, it is necessary to mention significant ajustment in the latter economic sphere. Punishments for committing econimic crimes must combine penal and pedagogic elements, must consider the principles of humanism and criminal reprisal economy. The range of factors determine the liberalization of criminal and legal policy in the sphere economic criminality: weakening or reducing the sanctions in articles of the Special part of the Criminal Code of the Russian Federation; adding the alternative kinds of main punishment along with imprisonment; increase of large and extra large size of damage, the presence of which is the basis for criminal responsibility for certain types of crimes; decriminalization of constituent elements of offences and criminal and legal norms in general; introduction of general and special conditions of release from criminal responsibility. Along with the positive aspects, legislator should take into account some imperfections of introduced amendments and additions to the rules of law; the necessity of constructive review and feasibility of applying a number of already existing crime components in the sphere of economic criminality. In general, the state policy in the sphere of economic criminality reflects significant social values, objective laws of existence and course of social relations and processes.
Criminal and legal policy, legislation, liberalization of law, crime, economic criminality, criminal responsibility, criminal punishment, рolicy
Короткий адрес: https://sciup.org/14973592
IDR: 14973592