{"title":"刑法全球化哲学","authors":"V. Khilyuta, Хилюта Вадим Владимирович","doi":"10.17816/rjls18486","DOIUrl":null,"url":null,"abstract":"In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are in detail described. It is specified that these trends cannot be born in itself, without external intervention. It is proved that the drawn line of artificial unification of criminal tools at the global level leads to institutional crisis since basic borders of criminal law cannot identically be considered in relation to each single country (a national criminal system) in view of various social and economic parameters of functioning of the states and means of their realization.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Philosophy of Globalization of Criminal Law\",\"authors\":\"V. Khilyuta, Хилюта Вадим Владимирович\",\"doi\":\"10.17816/rjls18486\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are in detail described. It is specified that these trends cannot be born in itself, without external intervention. It is proved that the drawn line of artificial unification of criminal tools at the global level leads to institutional crisis since basic borders of criminal law cannot identically be considered in relation to each single country (a national criminal system) in view of various social and economic parameters of functioning of the states and means of their realization.\",\"PeriodicalId\":223654,\"journal\":{\"name\":\"Russian Journal of Legal Studies\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-06-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Russian Journal of Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17816/rjls18486\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian Journal of Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17816/rjls18486","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are in detail described. It is specified that these trends cannot be born in itself, without external intervention. It is proved that the drawn line of artificial unification of criminal tools at the global level leads to institutional crisis since basic borders of criminal law cannot identically be considered in relation to each single country (a national criminal system) in view of various social and economic parameters of functioning of the states and means of their realization.