The principle of maximum tolerance in criminal policy: on the example of a draft law

Occupation: leading researcher of the sector of Criminal Law, criminal procedure and criminology
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Moscow, Russia

Journal name

Gosudarstvo i pravo

Edition

Issue 8

Pages

93-102

Abstract

The author’s hypothesis is that in modern Russian criminal policy there are some principles that are not declared, but the subjects of criminal policy are guided by them. The objectives of the study are to identify and disclose such principles, substantiate their existence and possible consequences of their application. To solve these problems, the author used: rules, techniques of formal and dialectical logic; abstraction and generalization; comparative legal and formal legal research methods; methods of interpretation of legal norms; study of documentary sources; ideal experiment; legal forecasting, the results of previous criminological research, etc. The article substantiates the conclusion that many legislative initiatives of recent years in the field of combating crime implicitly proceed from the principle of maximum tolerance for persons violating the criminal law. The implementation of this principle is shown in a number of draft laws and already adopted laws, as well as the law enforcement practice that has developed on their basis. The characteristic bill developed in 2021 is analyzed in detail. in the office of the Commissioner for Human Rights in the Russian Federation and presented to the expert community as strengthening the protection of human rights in criminal proceedings, aimed at further humanization of criminal legislation. The provisions of the draft law are compared with the principles of science, justice, the inevitability of criminal responsibility and punishment, etc. The forecast of what impact, if the bill is adopted, will be exerted on the criminogenic situation in the country and law enforcement practice is substantiated. The presented analysis, according to the author, is applicable to many draft laws based on this principle that have already been published or will appear in the future, as well as to those norms and institutions that have already been embodied in the current criminal, criminal procedure and penal enforcement legislation.

Keywords

the principle of maximum tolerance, humanization of criminal policy, exemption from criminal liability on non-rehabilitating grounds, the principle of zero tolerance, the principle of justice, the principle of scientific, criminological recidivism of crimes, criminal law recidivism, actual recidivism of crimes, criminal record

Received

13.01.2022

Publication date

15.09.2022

Number of characters

34890

Cite

GOST	Skoblikov P. The principle of maximum tolerance in criminal policy: on the example of a draft law // Gosudarstvo i pravo – 2022. – Issue 8 C. 93-102 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520021582-1-1 (circulation date: 29.04.2024). DOI: 10.31857/S102694520021582-1
MLA	Skoblikov, Petr A "The principle of maximum tolerance in criminal policy: on the example of a draft law." Gosudarstvo i pravo 8 (2022):93-102. DOI: 10.31857/S102694520021582-1
APA	Skoblikov P. (2022). The principle of maximum tolerance in criminal policy: on the example of a draft law. Gosudarstvo i pravo (8), pp.93-102 DOI: 10.31857/S102694520021582-1

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