A Game-Theoretic Approach to the Formation of a System of Sanctions in the Criminal Legislation of the Russian Federation

Abstract

. The relevance of the study of criminal sanctions in modern legal realities can hardly be overestimated. The state of the current system of criminal sanctions is the subject of discussion by many reputable scientists, during which fundamental problems are identified without unambiguous solutions. One of these problems is the lack of an accurate, logical and effective model for the formation of criminal sanctions and their integration into a single system. The purpose of this study is the concept of a model of the formation of a criminal law sanction, developed on the basis of a game-theoretic approach, as a unit of the system and the system of criminal law sanctions as a whole. The research method is the dialectical method of cognition, the method of analyzing legal documents and scientific literature, the synthesis of the obtained data and the game-theoretic method. The object of the study is the social relations that develop during penalization in criminal law. The subject of the research is the norms on criminal punishment of the current Criminal Code of the Russian Federation. In the course of the study, an analysis was given of how Game Theory is integrated into modern legal science, as well as what game-theoretic approaches can be applied in the formation of criminal sanctions. The paper described the basic rules of penalization, taking into account the game-theoretic approach, the rules and elements of the game were described. The result of the study should be the concept of the formation of a model of criminal sanctions and a model of the system of criminal sanctions that comply with the fundamental requirements of game theory, taking into account the Nash equilibrium. At the end of the work, it was concluded that the game-theoretic approach to the formation of both individual criminal law sanctions and the system of criminal law sanctions is fully applicable and complements the formal legal logic of the construction of criminal law sanctions and their system, avoids defects in the construction of criminal law sanctions and contributes to the elimination of legal uncertainties in the imposition of penalties.