Vladimir K. Andrianov1, Yury E. Pudovochkin2
1, 2Russian State University of Justice, Moscow, Russia
Abstract. The Russian legislator showed a certain consistency in terms of the development of declarative prescriptions provided for in Part 2 of Article 2, Part 1 of Article 6, Part 2 of Article 7 of the Criminal Code of the Russian Federation, when he renamed Section VI of the Criminal Code of the Russian Federation into “Other measures of a criminal legal nature”. At the same time, there is no definition of measures of a criminal legal nature, inconsistency of terminology (their application for the commission of crimes and their application to persons who have committed crimes) and legislative decisions (regarding confiscation), as well as inconsistency of the provisions of criminal legislation (part 2 of Article 2 and paragraph “a” of Part 1 of Article 97 of the Criminal Code of the Russian Federation), caused more questions than answers. A reflection and evidence of such uncertainty is the growing scientific controversy on most issues of the legal nature of criminal law measures, as well as a variety of proposals for the modernization of their system. Under these conditions, understanding the nature and development of criminal-legal measures from the standpoint of exclusively special-legal and, moreover, technical-legal content seems clearly insufficient. The importance of the problem, which determines the overall configuration of the branch of criminal law, requires the identification of sociolegal patterns that express the development and functioning of a differentiated system of criminal law measures.
The methodological basis of the research is the principles of the dialectical method of cognition (objectivity and comprehensiveness of the consideration of the object, historicism, the universal connection of phenomena, systemicity), as well as general scientific (analysis, synthesis, induction, deduction, description, classification) and private scientific (historical-legal, sociological, systemstructural and formal-logical) methods.
The conducted research made it possible to identify a set of laws characterizing the socio-political and special-legal genesis, as well as the functioning of the system of criminal-legal measures that allow a deeper understanding of their nature, current state and development prospects. Keywords: patterns of criminal law, punishment, measures in criminal law, alternatives to criminal repression, probation, confiscation of property, court fines, mandatory medical measures, mandatory educational measures
For citation. Andrianov V. K., Pudovochkin Yu. E. Patterns of Development and Functioning of the System of Criminal Law Measures. Journal of Russian Law, 2021, vol. 25, no. 7, pp. 94—109. (In Russ.) DOI: 10.12737/jrl.2021.089