Преступление как уголовно-правовая категория: соотношение доктринально-методологического и законотворческого подходов (ретроспективный анализ)

Abstract

Currently the key direction of criminal policy is to ensure state, public and personal security. The novelty of the research consists in characterization of the concept of criminal offence and its constituent features at different historical stages, considering political, legal, socio-economic and socio-cultural factors. The authors pay special attention to the relationship of legal values, scientific doctrine and law enforcement activities in the development of the definition of crime. The methodological basis of the study is a set of general and special scientific methods that lead to a comprehensive approach to the study of criminal law policy in the field of legislative definition of a crime as a legal category and its constituent features. As a result of the research the authors explore the legal nature of the crime, its essential properties and characteristics as a negative social and legal phenomenon, and show the trends in the regulatory process. The article shows the interdependence of the criminal law policy implemented in Russia and the legislative formula of the concept of crime at different stages of the formation and development of the national statehood, both by the ongoing political, legal and socio-economic transformations, and by the achievements in the theoretical and legal and criminal law doctrine at the national level. Conclusions. The authors offer an explanation to the factors that inspire the legislative regulation of the concept of crime and determine the tendencies of the legislative formalization of the concept and signs of crime in the domestic and foreign science of criminal law. Finally, the authors suggest a perspective on the correlation of formal and material signs of a crime as a criminal legal category.