О проблемах развития уголовно-исполнительного права

Abstract

Criminal law is obviously developing in a progressive manner in spite of everything. Penal law is currently maintaining the overall level of the system's organization, while in the historical aspect it is generally lowering this level. However, it is only progressive evolution that leads to an increase in the level of the system's organization. The word “regression” in this context can be used to refer to the absence of a really diverse, effective and logically complete system of penalties, both isolating the offender from society and involving direct interaction with society. In the author's opinion, criminal law gains knowledge about the offender's identity, the development of crime in general from criminology; penal law should provide knowledge about penalties, their capabilities, effectiveness, and, most importantly, historical presence and internal content, while criminal law should perceive this knowledge. This is the essence of the progressive evolution of criminal and penal law, which are inextricably linked.