CONTEMPORARY CRIMINAL LAW POLICY: A NEW PHASE OF LIBERALIZATION

Abstract

n the article the modern criminal law policy is viewed as a multidimensional socio-legal phenomenon. The author distinguishes several levels of legal policy: theoretical, directive, legislative, institutional and enforcing. The article shows that the modern stage of development of criminal law policy is characterized by strengthening of negative tendencies at all levels of development, formation, organization and implementation of criminal policy. As a result, in the Criminal Code of the Russian Federation inoperative statutes and double regulations appeared, the inclusion of which in the criminal law creates confusion and leads to difficulties in law enforcement practice. Casuistry of criminal law policy is evident not only in norms of the Special part of the Criminal code of the Russian Federation, but also in the requirements of the Special part that violates the consistency of the criminal law, reduces the quality of legal rules and the effective protection of the rights and legitimate interests of citizens by criminal law means. In general criminal policy of Russia at the present stage has the reflective nature, because forms, means and methods of combating crime are determined spontaneously, under the pressure of circumstances, indicating a lack of scientifically proved criminal law policy.