Системность уголовного закона: фундаментальное требование или фантом?

Abstract

The content of the work reveals systemacy as a basic requirement of the legislation. The article demonstrates the contradictory nature of the criminal law, the imbalance of its elements, the tolerance of the legislator and society as a whole to the actual unsystematic nature of law. In the aspect of the need to implement a systematic approach, the author discloses in sufficient detail the issues of the origins of the systemic problems of the criminal law, the delimitation of criminal and non-criminal, the mutual influence of the norms of the General and Special parts of the Criminal Code of the Russian Federation, the correspondence of the punishment for a specific crime to the gravity of the latter, the admissibility of using certain measures of legal response as a criminal-legal or otherwise, related problems of systematization of domestic legislation in a global sense are touched upon. 92 IUS PUBLICUM ET PRIVATUM The basis of the legislative system is analyzed. Considering the requirement of consistency as a key point of legislative design the author tried to demonstrate the need to consolidate the interrelation of its elements on the basis of common criteria. Special attention is paid to the latter in the article. In this regard the necessity of using the appropriate tools for systematization is substantiated: a scale for measuring the general level of public danger, a scale for measuring the level of public danger, a scale for determining the level of punitive influence, a scale for determining the level of punitive influence of measures of state coercion within the framework of various branches of law. In general terms measures are proposed to resolve the shortcomings of the criminal law in terms of unsystemacy.