Законодательная техника и ее значение для правотворчества в сфере отраслей криминального цикла

Abstract

The subject of research in this article are theoretical and applied issues of legal technology in criminal and penal law. The purpose of the work is to give an objective assessment of the use of the possibilities of legislative technology in the relevant branches of law of the criminal cycle. The study analyzes scientific ideas about the concept of legal technology, its types and constituent components. According to the authors the legislative technique is an integral part of the legal technique, which is a set of tools, techniques and rules developed by science and practice which are used by public authorities when carrying out, within their competence, lawmaking activities to develop and formalize the text of a law as well as other regulatory prescription. The article notes that it is the differentiated execution of punishment that is a prerequisite for individualization, justice of punishment and, consequently, its effectiveness. The authors consider it expedient to study these problems from the standpoint of the technical and legal design of legislation, since as it develops, the foundations, types and means of differentiation and individualization of responsibility have changed and improved. It is no coincidence that the legislative and technical improvement of the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation is recognized today as one of the general directions of the development of Russian legislation on the criminal cycle and criminal policy in the first decades of this century.