V. G. Seidov, N. V. Makeeva. Modernization of Criminal Policy: Problems and Prospects (Russian and Foreign Experience)

UDC 323:343

V. G. Seidov, N. V. Makeeva. Modernization of Criminal Policy: Problems and Prospects (Russian and Foreign Experience)

SEIDOV Vadim Gadzhievich, Candidate of Historical Sciences, Professor at the Department of Diplomacy and Consular Service, Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation (Moscow, Russian Federation) (e-mail: tabaris@mail.ru).

MAKEEVA Natalia Vladimirovna, Candidate of Juridical Sciences, Associate Professor at the Department of Theory of State, Law and Political Science, Penza State University (Penza, Russian Federation) (e-mail: makeeva-nv@yandex.ru). ORCID: http://orcid.org/0000-0002-0505-7191

Key words: modernization of law, reform of criminal policy, general and special prevention, humanization of punishment

Abstract. The paper presents a comparative and legal analysis of one of the most disputable issues of the legal practice, that of reforming criminal policy in the context of modernization and post- modernization transformations of the state and legal reality. Modernization processes in the field of law are fundamental to the contemporary society as they laid its foundations. In this paper, the concept of legal modernization is applied to criminal policy.

Synopsis. Introduction: the comparative and legal analysis of the issue of reforming criminal policy, from the perspective of modernization and post-modernization conversions of the state and legal institutions in today’s environment, plays an essential role. The research topic is relevant due to the lack of specific analysis of these issues in the contemporary legal literature. Issues of modernization of criminal policy in the context of its humanization are an important and interesting object for comprehensive investigation. The contemporary legal policy in the sphere of criminal law and the directions of its implementation are fraught with many contradictions to be analyzed in this paper.

Materials and Methods: the performed comprehensive analysis of the subject of the research was a result of active use of a variety of methods of scientific cognition, which allowed to reveal the significant in the study, to cover its various aspects and most importantly the historical conditioning of the processes. The method of theoretical research with the use of the systematic approach was applied to process the results. Legal science and practice have long and successfully used the comparative legal analysis to achieve their goals. The comparative legal analysis helps to deeper comprehend processes and phenomena in the legal field. It is the rich potential of the comparative legal analysis that the authors addressed in this study.

Results: today, in the context of fundamental changes in society and the resulting collapse of many traditional stereotypes, it is important to rethink and consider the experience of the past in a number of most controversial issues of our time, one of which is the issue of reforming the criminal policy. It was in the context of the modernization reforms of the state and legal reality that the humanistic direction in the field of criminal policy formed; it underwent significant transformation in the subsequent period. The post-modernization stage of development of the state and legal institutions demonstrates a pragmatic approach to liberalization of the criminal policy due to the awareness of the limitations of criminal law sanctions.

Discussion and Conclusions: improvement of criminal law efficiency is the starting point for the reform of the criminal policy. To tackle this fundamental task, it is necessary to take a number of measures, including the implementation of the principle of “economizing” criminal repression, the development of the system of conciliation procedures and the priority of preventive activities in the field of implementation of the criminal policy. Development of the system of general preventive influence on crime as a humanistic and, at the same time, pragmatic goal seems to be the primary task of the state.

Contribution of the authors:

SEIDOV Vadim Gadzhievich — critical analysis of the materials and drawing conclusions.

MAKEEVA Natalia Vladimirovna — preparation of the initial draft text of the article, search of analytical materials in Russian and foreign sources.

For citation: Seidov V.G., Makeeva N.V. Modernization of Criminal Policy: Problems and Prospects (Russian and Foreign Experience). REGIONOLOGIYA = REGIONOLOGY. 2017; 1(98):23—32.

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