Keyword: «punishment»

The author makes an assessment of the legislative initiative to include the institution of criminal misconduct in the Criminal Code of the Russian Federation. In this regard, the contradictions in the development of criminal and tort-administrative law are revealed. The author justifies the proposal on the feasibility of radical reforming of these branches of legislation taking into account domestic legal assumptions.

This article, using the comparative legal method, studies the system of punishment based on the criminal codes of such countries as the Russian Federation and Germany. The author draws our attention to the following facts: the absence of punishment concept in the German criminal law, the specifics of a number of criminal legal institutions of the German law, extended list of punishments in the criminal code of the Russian Federation in comparison with the punishments under the criminal code of Germany, as well as the absence of the specialized punishments in the criminal code of Germany that can only be inflicted on special subjects of crime.

This article addresses the views of G.R. Derzhavin, including on the death penalty. The issue of the death penalty remains relevant in modern Russia, as it affects not only the legal aspect, but political, socio-economic, moral, religious, cultural, psychological and other spheres of life. The deprivation of life of a person who crossed the boundaries of what was allowed and violated the laws violates the right given by nature, namely the right of life.

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.