ЭКОНОМИКО-МАТЕМАТИЧЕСКАЯ МОДЕЛЬ УГОЛОВНОГО НАКАЗАНИЯ

Abstract

Economic and mathematical modelling is used to solve complex economic problems, one of which is to improve the economic efficiency of state activities in the field of sentencing and execution of criminal sanctions. From an economic point of view, researchers focus their attention primarily on the problem of crime. In this regard, useful from the methodological point of view is the economic-mathematical model of crime as outlined by S.A. Kolesnikov which is based on the offender behaviour model. There are three objects in the economic-mathematical model of crime. The first object is an offender, the second one is a victim possessing some asset attractive to an offender, and the third object in the model is the state which can detain and punish an offender. The author has developed and proposed an economic-mathematical model of criminal punishment. Rationality of state activity in the field of sentencing and execution of punish-ment means that the punishment is imposed and executed only if the expected costs of its imposition and execution are less than the amount of negative consequences resulting from the crime (both tangible and intangible). If criminal behaviour is rational, state activity should also be rational. Moreover, if the criminal acts on his own behalf and personally bears the risks arising from the criminal activity, the state acts on behalf of the entire society and may not be exposed to excessive risks and unreasonable costs in the process of punishment. Therefore the rational criminal activity of citizens must be contrasted with the rational punitive activity of the state. In order to rationalise the punitive activity of the state, an economic-mathematical model of criminal punishment should be developed. If the economic-mathematical model of crime is based on the theory of expected utility, then the economic-mathematical model of criminal punishment should be based on the theory of costs, because state activities involving punishment are inevitably accompanied by certain costs. Moreover, there are negative consequences (both tangible and intangible) that result from the crime, which also constitute a cost to society. In conclusion, the author concludes that the economic-mathematical model of criminal punishment makes it possible to determine the efficiency of the state's activities in prescribing and enforcing punishment, therefore, it can be used in the law enforcement activities of state authorities.