Keyword: «coercion»

The work analyzes the main aspects of the idea of «protective power», G.R. Derzhavin, its historical foundations, development, as well as its implementation in modern criminal proceedings. The main emphasis is on the problem of unjustified persecution, which becomes relevant in the context of the rule of law and the strengthening of the role of human rights. The study examines the results of an analysis of judicial practice, which allows us to identify the main reasons for the occurrence of unjustified prosecutions in criminal proceedings.

Understanding of criminal responsibility as a measure of coercion to persons who have committed a crime, for a long time remained traditional in the theory of criminal law. At the same time, modern realities allow us to talk about the transformation of the category of “responsibility”, as evidenced, in particular, by the use of emergency legislation by the state, the introduction of biotechnology and artificial intelligence capabilities, as well as the prevalence of criminal policy over criminal law in solving the tasks of combating crime.