О НЕКОТОРЫХ ДЕТЕРМИНАНТАХ, ОБУСЛАВЛИВАЮЩИХ СТРУКТУРУ И СОДЕРЖАНИЕ ОСОБЕННОЙ ЧАСТИ УГОЛОВНОГО ЗАКОНА (НА ПРИМЕРЕ УК РСФСР 1922 ГОДА)

Abstract

The construction of the Special Part of the Criminal Law is a topical issue for any state. The important task is to identify determinants influencing the structure and content of this component. The retrospective analysis of changes in the legislation allows identifying factors affecting the Special part of the criminal law, as well as the legislator’s response model in the context of changes in these factors. It makes it possible to use the existing experience to construct the Special part of the current Russian criminal code. The paper considers two types of determinants: socio-economic and political. For example, the author analyzes the Special part of the RSFSR Criminal Code of 1922. During the development and adoption of this law, significant transformations took place in the political and socio-economic life of Russian society: the system of government, the economic type, and social groups were changed. The paper presents the study of the influence of these processes on the structure and content of the Special Part of the RSFSR Criminal Code of 1922. The author focuses on the representation arrangement and content of legislative material, compares the statements of the Special part of the RSFSR Criminal Code of 1922 with the formerly existing and subsequent criminal legislation. The author concludes that the Special part of the criminal law socially and politically depends on the situation, in which this law is created. The influence of socio-economic and political factors on criminal law is inevitable. In some cases, the state tries to hastily regulate the changing social relations using criminal law means that is not always criminologically relevant and reasonable. It is necessary to carefully and reasonably consider changes in criminal legislation.