Actual problems of criminal law (APPM)

Despite the achieved stability in the economy, the level of crime in Russia is not declining. After 2005 there were no outbreaks of organized crimes, but nevertheless the level of violations within the Russian Federation does not give hope to optimism. One of the reasons for sufficient work in the sphere of criminal offenses is the internal contradictions of existing legal norms.

Actual problems of criminal law can be divided into several large groups. Each of them needs additional consideration and refinement.

The problem of the concept of an object

Actual problems of criminal law are required to treat offenses as a system of constant conflicts between the state and its citizens. One of the basic concepts in this process is the process of explaining the object of crime as the basis for the qualification of the offense.

The doctrine of the object of the crime was formed in the XIX century. Then the works of AF Kistyakovskii, VD Spasovich and others appeared in the press, devoted to the problem of choosing the object of the crime. At present, the attitude to the object of crime has been developed as a set of public institutions, which, as a result of an offense, cause damage. Actual problems of criminal law and criminal process are called upon to consider the conflicts of various institutions of the modern state. Among such institutions, the most important are:

• Man, his freedom and right;
• Social values, benefits, interests;
• Private, public, state property;
• Public safety and order;
• Environment;
• State and its interests.

Violation of any of them entails an imbalance between justice, as citizens understand it, and an obligation, as the state understands it. And the basic contradictions between the model of justice and the law refer to the fundamental issues of law in general. In general, the object of a crime can be considered infringement of any legitimate interests of the victim as a result of the actions (or inaction) of other persons. But in particular, the definition of this object belongs to the sphere of legal theory. For example, the protection of one's own interests by one citizen can be viewed by the system as a socially dangerous act or even terrorism. The use of force in detention may be justified from the point of view of a policeman, but the detainee may view this as abuse of authority. There are a lot of such examples. This issue is considered by lawyers studying the current problems of the theory of criminal law.

Law and process

The actual problems of the criminal procedural law are reduced to the hard work of lawyers in the following areas:

• Problems of criminal procedure and prospects for its development;
• Compliance of the prosecution procedure with international standards;
• The problem of gathering evidence;
• Trial in court; Technical regulations, sentencing;
• The process of appealing a judicial verdict: the procedure for filing cassations, appeals;
• Repeated reviews of criminal cases in connection with newly discovered circumstances;
• Stages of appointment and conduct of forensic examinations, attraction of outside specialists.

Practice of criminal law

Modern legal science recommends actively working in the applied direction of the development of jurisprudence and working out various methods that help to accurately assimilate and adequately apply the existing laws, its separate provisions and norms, which represent modern criminal law. Actual problems of theory and practice are discussed at various legal seminars, where lawyers find some general solutions to a particular problem and develop effective methods for applying these solutions in practice.

Classification and definition of murder

Modern norms include deprivation of life to the most low-latent acts, which means that more time and effort should be devoted to the prevention of this offense than to any other act. At first glance, statistics confirm the decline in murders, but is it really so? Actual problems of criminal law are designed to give an answer to this question.

The current legislative norm keeps records of murders on facts, but not the number of victims. Thus, the killing of ten people will be classified according to clause "a" and "e" of Part 2 of Art. 105 (killing two or more persons committed in a generally dangerous manner). At the same time, the statistics of murders do not include the infliction of particularly grave injuries to the victim, who are the cause of death. Outside of the attention of the "deadly" statistics, there are many victims who go through the article "missing persons" and so on.

Number of law enforcement agencies

One of the most painful conflicts in society is the confrontation between law enforcement institutions and crime in general. The modern system of criminal justice today is not capable of responding to even a third of registered criminal offenses. If the registration of offenses will be conducted for each case identified, the system simply paralyzes. This contradiction can be resolved by increasing the number of employees of the state legal machine - investigators, police, prosecutors, judges.

Possible solutions to the problem

But our country already occupies a leading place in the world in terms of the number of employees of law enforcement agencies. Why does this system work so inefficiently? This is one of the contradictions that is bound to replenish the current problems of Russian criminal law, and this issue should be resolved as soon as possible. One of the methods for solving the problem is to expand the list of freedoms for citizens (that is, that the wound was prohibited by law, such will not be). An alternative to this option may be the widespread prevention of offenses - what lawyers are now doing in other countries of the world.

Corruption and personal responsibility

Actual problems of Russian criminal law are crowned by the question of the personal responsibility of the offender. The fact is that in our country personal responsibility is tightly connected with such a concept as corruption.

To destroy this duumvirate should be an effective law enforcement system. Over the past 15-20 years, the fight against corruption has not gone beyond talking about it. Money was spent fighting corruption, settling in the pockets of officials in uniform. The growth of corruption, which had to be destroyed at the very beginning, entangled all state institutions of governance and control. Those who are called upon to fight effectively against the dominance of money and connections go to responsible positions only in order to fill their pockets. But for today it can be said that our country lost this battle and rightfully leads the list of the most corrupt countries in the world.