A NEW CONCEPT OF BUILDING SANCTIONS OF THE NORMS OF CRIMINAL LEGISLATION, IN THE CONDITIONS OF DIGITAL TECHNOLOGIES

Abstract

The legislative consolidation of criminality and the punishability of an act is the main element of the crime prevention system. The world is changing, changes are taking place in all sectors of public life – politics, economics, including in the field of crime. This dictates the need for continuous improvement of the norms of criminal legislation. The proposed changes relate to the construction of the article sanction. Two models are proposed: the first is to transfer all types of punishment to the relevant articles providing for types of punishment (from the norms of the Special Part to the General Part of the Criminal Code) and the second is to fix a separate norm in each chapter of the special part with an indication of the type and amount of punishment. For the application of additional punishments, regardless of the choice of the above proposed models, to provide in each chapter of the Special Part an article indicating the norms according to which the courts are obliged or may impose additional punishments. Such an approach will allow the courts to impose uniform and fair punishments, helps to minimize corruption manifestations on the part of all participants in the criminal process, will strengthen people's faith in justice, which will have a positive impact on the activities of the justice authorities. Given the dynamics of the introduction of digital technologies at the present stage of human development, proposed in the article new models of the design of the sanction will simplify and more effectively introduce the process of digitalization of criminal legislation. That is, they will simplify the process of qualification of criminal offenses, the choice of the required type and amount of punishment, etc. Especially when using computer programs with «artificial intelligence» planned for implementation or implemented in certain foreign countries.