The Regulatory and Recovery Function as a Phenomenon of the Contemporary Russian Criminal Law

Abstract

Among the unresolved problems of criminal law today are functions, the concept, types and content of which so far have only approximate outlines in the domestic doctrine. Meanwhile, a clear understanding of the designated aspects goes far beyond the purely theoretical aspect, allowing us to identify specific boundaries of the criminal law branch, preventing its blurring and substitution with other content. In turn, this trend is typical for domestic criminal law and legislation at the present stage of its development. From a purely protective branch of the legal provision of public relations, filled with ideas of punishment and retribution, it is increasingly moving towards the implementation of regulatory and restorative ideas, taking the path of the formation of a conciliation and compensation-security right. At a minimum, this trend requires appropriate reflection and proper scientific justification.