Историко-теоретический подход в осмыслении уголовной политики России

Abstract

The object of the study is the nature of the means and methods of combating crime, reflecting the essence of social relations at different stages of the development of society. The subject of the study is the value content of criminal policy, determined by both objective and subjective determinants. The aim is to establish the relationship between the nature of criminal policy and the result in the field of law enforcement. Using the historical-legal method and the value-legal approach, the method of description and interpretation, the author concludes that the talion principle and the concept of intimidation, which have dominated the strategy of combating crime for centuries, are not consistent with the foundations of a social democratic rule of law, the highest goal of which is to ensure human rights. The harsh punitive policy of the state does not achieve the goal of crime prevention; on the contrary, the tightening of criminal repression provokes its growth. The multiplication of legal violence, inadequate to criminal threats, puts the state in the place of the criminal. The modern approach to understanding the state and law requires a rational paradigm of restitution of the right violated by the crime, which is not subject to political, ideological and any other conjuncture. This paradigm is inevitably associated with the liberalization of the criminal law and the humanization of criminal policy.