Криминализация периода СВО: некоторые замечания с учетом аксиологии, техники, обоснованности

Правопорядок: история, теория, практика. 2024. № 3(42). С. 113–118.

Karavaeva Y.

The criminalization of the last period lasting more than ten years is the subject of critical discussion in the scientific community. At the same time, the historical moment experienced by the Russian state and society, due to its unprecedented nature, seems to somehow have to impose its own specifics on criminal lawmaking. As part of the analysis of legislative activity undertaken by the author on the novelization of a special part of the domestic criminal law of the period of the special military operation, the criteria of the axiological orientation of the novels, their features in the context of legislative technique and, finally, the validity of criminalization were taken as a basis. Based on the axiological orientation of criminalization of the period under review, it is concluded that the legislator obviously took into account real and/or potential risks to state security. It is important that, as a rule, these prohibitions are formulated using the construction of administrative prejudice. In addition, from the point of view of legislative technique, attention is drawn to the criminalization of acts to be assessed within the framework of the doctrine of an unfinished crime, the theory of complicity. It should also be noted that the designs of certain elements of crimes are flawed due to the use of evaluative concepts and the emerging competition with the already existing provisions of the Special Part of the Code. Finally, an assessment of innovations from the standpoint of criminological validity leads to the conclusion that only in five cases out of twelve explanatory notes to draft laws on the introduction of a particular criminal prohibition contained information substantiating the idea of a public danger of a particular act. Interestingly, the relevant draft laws proposed the establishment of responsibility for crimes encroaching on other public relations and benefits unrelated to the interests of the state.

Keywords: криминализация, criminalization, special military operation, специальная военная операция, axiology of criminal law, criminological validity, криминологическая обоснованность, аксиология уголовного закона