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Аксиологические основы уголовно-правовых запретов
The inevitable changes taking place in the life of society cannot bypass criminal law, since, with a proper approach to rule-making, it acts as a powerful social regulator. Through criminal law prohibitions, backed up by punishment, the state pursues a criminal policy, thereby affecting social relations, eradicating the most socially dangerous forms of behavior. The level of this danger is determined by the focus of human activity on causing harm to those social values that the state has taken under its protection. Criminal policy, as well as public policy in general, cannot exist without a value orientation.
The purpose of this study is to develop an expert on the axiological basis of criminal law prohibitions, the achievement of which requires determining the modern value position of criminal law prohibitions, identifying processes that influence the formation of axiological narrow powers of law and the implementation of criminal law prohibitions.
The methodological basis of the study was the principles of historicism and social determinism, complex, systemic, structural-functional and evolutionary approaches to the study of objects of criminal law protection.
As a result, the author came to the conclusion that when conducting criminal policy, the Constitution of the Russian Federation and actual threats to the interests of the individual, society and the state act as a guideline in the choice of objects of criminal law protection, so changing the axiological orientation of criminal law prohibitions is a natural phenomenon. It is influenced by the following factors: political bias, humanization of the social worldview, the development of natural science and the formation of a scientific worldview, the development of philosophy and social sciences (sociology, psychology, history, political science and jurisprudence), the dual unity of the processes of globalization and deglobalization. Social values protected by criminal law through prohibitions must be shared by the majority of the population. At the same time, the criminal law in some cases is able to correct axiological attitudes in society.