ПЕНАЛИЗАЦИЯ ОБЩЕСТВЕННО ОПАСНЫХ ДЕЯНИЙ КАК ТЕОРИЯ

Abstract

The theory of penalization of socially dangerous acts should be considered as a component of penology and, correspondingly, criminal law, which is a broader area of scientific knowledge. Penology is a comprehensive study of criminal punishment, including the whole range of issues related to punishment, from its substantive and legal components (concepts, goals, content, types, effectiveness) to those not related to law, such as, for example, requirements for the architecture of penitentiary institutions. Penology deals with all stage of punishment (legalization, imposition, execution). The theory of penalization, in its turn, covers only the applied part, related to the construction of punishment in the criminal law (in the General and Special Parts of the Criminal Code). Penalization is a method for implementing the postulates of penology into the current criminal law. The theory of penalization is determined by three components: criminal dogma, criminal sociology, and criminal policy. Given that the punishability of dangerous acts must necessarily be reflected in the criminal law, the forms of its implementation must obey the rules of the law. Therefore, the theory of penalization uses the achievements of criminal dogma, which has as its task the normative-doctrinal study of the norms of criminal law, the formation of logical and linguistic rules (semantic, syntactic and others) for their construction. These are the rules of the legislative technique for constructing norms on punishment in the General and Special Parts of the Criminal Code.