The Criminal Code of the Russian Federation as the embodiment of transcend-ence in alliance with Übermensch (Invitation to a frank conversation)

 
PIIS102694520019165-2-1
DOI10.31857/S102694520019165-2
Publication type Article
Status Published
Authors
Occupation: Professor of the Department of Criminal Law and Criminology of the All-Russian state University of justice (Russian law Academy of the Ministry of justice of Russia)
Affiliation: All-Russian state University of justice (Russian law Academy of the Ministry of justice of Russia)
Address: Moscow, Russia
Journal nameGosudarstvo i pravo
EditionIssue 3
Pages53-60
Abstract

The article is devoted to the problems of criminal law, which in the modern era of postmodernism has become increasingly characterized by parable ambiguity that justifies the transcendental nature of norms. Transcendence, especially clearly manifested in the novels of the Criminal Code, introduces disorganization into the process of interpreting the law and, of course, into the process of qualifying acts. In the context of legislative transcendence, the norms of Articles 15, 195 and 196 of the Criminal Code are considered. ÜBERMENSCH is presented both as the idea of achieving the public good through ambiguous, sometimes immoral decisions, and as the interests of "passionaries" who can avoid criminal liability. In this context, the norms of Articles 41 and 76.1 of the Criminal Code are considered.

Keywordstranscendence, criminal law, adoption of the law, regulation, superman, justice, expediency.
Received21.07.2021
Publication date29.03.2022
Number of characters32598
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