俄罗斯国家安全体系中的刑法

I. Podroykina, V. Duyunov
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引用次数: 0

摘要

本文认为,刑法在国家安全的法律支持体系中具有特殊的作用,因为刑法的目的是尽量减少(中和)最危险的越轨行为的表现。因此,如何进一步提高刑事法律文书在保障国家安全方面的效力是十分重要的。通过对犯罪化-非犯罪化过程、量刑实践、国内学者对当前趋势的分析,发现:首先,俄罗斯在打击犯罪领域缺乏国家政策的概念基础,对抗犯罪的战略和战术是为了满足权力结构的一时欲望而自发形成的;其次,在我国,刑事化的进程主导着非刑事化的进程,而司法实践则遵循去刑罚化的道路,试图通过使用免除刑事责任、免除刑罚、缓刑等制度,以及对较轻的犯罪类别施加相应的刑罚,来减轻刑事镇压的过度严重性和广度;第三,修改刑法的法律在很大程度上只会导致刑法的不稳定,这无助于刑法保障国家安全功能的履行。《刑法》新引入的条款大多没有实际的适用性。在研究的基础上,为了克服目前的危机局面,作者认为有必要,首先,发展和采用俄罗斯联邦刑事政策的概念基础,其次,采用新的刑法版本,考虑到变化的社会关系,人口的实际需要和司法实践。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal Law in the National Security System of Russia
The article defines that criminal law plays a special role in the system of legal support of national security, since it is the criminal law that is aimed at minimizing (neutralizing) the most dangerous manifestations of deviant behavior. Therefore, it is important to find ways to further increase the effectiveness of criminal law instruments for ensuring national security. After analyzing the processes of criminalization-decriminalization, the practice of sentencing, the positions of domestic researchers assessing the current trends, it was found that: firstly, in Russia there are no conceptual foundations of state policy in the field of combating crime, and the strategy and tactics of counteracting it are formed spontaneously to please momentary desires of power structures; secondly, in our country, the processes of criminalization dominate the processes of decriminalization, while the judicial practice followed the path of de-penalization, trying to mitigate the excessive severity and breadth of criminal repression through the use of the institutions of exemption from criminal liability, exemption from punishment, probation, as well as by imposing a punishment corresponding in size to a milder category of crime; thirdly, laws that amend the criminal law, for the most part, only lead to its destabilization, which does not contribute to the fulfillment of the function of ensuring national security by the criminal law. Most of the articles newly introduced into the Criminal Code have no practical applicability. Based on the study, in order to overcome the current crisis situation, the authors consider it necessary, firstly, to develop and adopt the conceptual foundations of the criminal policy of the Russian Federation, and secondly, to adopt a new version of the Criminal Code, taking into account the changed social relations, the real needs of the population and judicial practice.
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