О СМЫСЛЕ УГОЛОВНОГО НАКАЗАНИЯ. ОТВЕТ ПРОФЕССОРА С. Г. ОЛЬКОВА ГРАФУ Л. Н. ТОЛСТОМУ (120 ЛЕТ СПУСТЯ)

Abstract

The purpose of the scientific article is to show the statement of the fundamental world problem about the meaning of criminal punishment by the outstanding Russian writer L. N. Tolstoy in 1899 in the work «Sunday», and its exact practical solution by Professor S. G. Olkov in 2019 in the article «on explaining the nature of criminal law relations». Scientific methods: observation, comparison, methods of mathematical analysis, probability theory and mathematical statistics. Scientific result: 1) it is proved that the value of criminal penalties is not axiomatic; 2) it is proved that the great Russian thinker L. N. Tolstoy managed in the late nineteenth century to formulate precisely the main problem of the world of criminal policy, but failed to solve it in the absence in his time the precise legal science, which emerged in the beginning of the twenty-first century; 3) it is proved that the fundamental historical problem of the meaning and value of criminal penalties was exactly solved by mathematical means, by Professor S. G. Olkov, in the beginning of the XXI century; 4) the author’s flowchart discloses the consequences of erroneous and accurate creation and application of criminal law norms. Practical significance: the obtained scientific results, presented in an accessible form, allow the General scientific community, politicians, students and other interested persons to understand the complex nature and meaning of criminal law relations; avoid numerous theoretical and practical errors in explaining, predicting and managing criminal behavior; understand the importance of accurate legal science in solving fundamental problems of humanity, creating a more perfect and healthy society.