Тенденции развития уголовного законодательства на современном этапе

Abstract

The article analyses the modern criminal law, factors having negative effect on its development according with social, political and economic needs in the Russian Federation. Humanism is the main stream determining these trends. The author treats exercise of the principle of humanism in General and Special parts of the Criminal Code of the Russian Federation. The work provides criminal statistics of the recent years. It pays particular attention to the reasons disturbing stability of law, leading to excess of legal regulation and excess of repressiveness of criminal law. It is impossible to predict the trends of criminal law without taking into account the political, social, economic development of the society, which determine the criminal policy of the country. The stability of law is also determined by them. The main methods of criminal policy are criminalization, decriminalization, penalization and depenalization. The article considers influence of criminalization and decriminalization on criminal law. The main trends in the development of criminal law is the further differentiation of criminal responsibility and expanding the list of forms of punishment not connected with isolation of guilty person from a society; introduction of less severe punishment. Some forms of differentiation of criminal liability such as — returning of administrative prejudice to criminal law, transfer of certain types of punishment to the category of other measures of criminal law applicable to the exemption from criminal liability; forecasting of introduction some new types of offences to the Criminal Code as well as support of the preparation of the Concept of modernization of criminal law.