Abstract

One of the main features of criminal law has long been recognized as its increased coercive force in comparison with other branches of jurisprudence, which makes it necessary to gradually limit this property to a socially tolerant level. The article presents arguments in favor of a qualified study of the cultural foundations of criminal responsibility and highlights two main directions of spiritual rehabilitation of our knowledge and practices of their application – which products of creative creativity of an ethnic group should be protected by criminal legal measures and which cultural requirements of an ethnic group should meet the criminal law itself.

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