Доктринальные основы целеполагания в институте наказания

Abstract

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.