Моральные категории в уголовном праве России

Актуальные проблемы российского права. 2023. Т. 18. № 5. С. 96–106.

Grigorev P.

The forms of interaction between criminal law and moral and ethical prescriptions as two systems that regulate the behavior of subjects of public relations are studied. The study made it possible to establish that at present there are five main forms of implementation of moral and ethical categories in the criminal law of the Russian Federation. First, the norms of morality are embodied through the institution of the principles of criminal law. On the example of the principle of justice, it is described in detail what the relationship under study is. Secondly, certain moral prescriptions have been transformed into criminal law prohibitions and are currently legitimized in the dispositions of the Criminal Code of the Russian Federation. Particular attention is paid to the question of the historical transformation of the moral and ethical norm into the norm of the criminal law. Thirdly, the criminal law directly protects public relations regarding public morality and morality, which is enshrined in Chapter 25 of the Criminal Code of the Russian Federation. Fourthly, the assessment of the morality (immorality) of the behavior of victims of certain crimes affects the qualification of crimes and the imposition of punishment. The materials of investigative and judicial practice are considered, in which law enforcement agencies assessed the immoral behavior of crime victims. Fifthly, the relationship between moral and ethical standards and the system of criminal law is found in the fact that almost all existing criminal law prohibitions were socially and historically determined by the requirements of morality and ethics. At the same time, it was established that there are both purely moral criminal law prohibitions, such as a prohibition on appropriation of someone else's property or a prohibition on deprivation of life, and criminal law prohibitions based on morality, but significantly modified in the course of social development (crimes in the sphere of economic activity, computer crimes, etc.).

Keywords: нравственность, принципы, мораль, уголовный закон, социальная обусловленность уголовного закона, этика и право

Publication based on the results of: Ethics and law: correlation and mechanisms of mutual influence (2022)