Основание уголовно-правовой охраны (или к вопросу о криминализации деяния в уголовном праве)

Abstract

The issue of the essence of criminalization in criminal law is considered. The vectors of criminalization of social relations development are defined. The aim of the research: to determine the criteria of criminalization of social relations in modern conditions and characterize the system of criminal law measures in the structure of criminal law. When conducting the research, traditional methods of socio-legal and formal-dogmatic analyses are used: documentary, historical and legal, analytical, systemic, logical. According to the study results, we state that criminal law of the classical type is replaced by criminal law of the utilitarian type, where the concept of crime is associated with the infliction of harm, and public danger plays an auxiliary function. In the system of security measures, the public danger of a deed does not form a criminal-legal prohibition. Criminalization is based on the element of expediency, where the main importance is given to security law. Criminal security law aims to affect a person who has not yet committed a socially dangerous act, and this is not a crime in the classical sense. In such a model, it is not the nature and extent of the harm caused that fills the crime, but the social danger of the person, since it is the subject that is the source of a particular socially dangerous behavior. It is proposed to fix the idea of new social protection and security in the criminal law.