Criminal Legal Paradigms and their Role in the Development of the Russian Criminal Legal Policy (on the Example of Russia's Membership in the Council of Europe)

Abstract

The article covers the up-to-date problem of "negative reformation " of the Russian Criminal Law through the implementation of the provisions of the international treaties binding on Russia. For example, Russia's membership in the Council of Europe, provides certain examples of the impact of international law on the domestic criminal law policy and highlights several main directions of this influence. The modern doctrine shows a clear position on the need to limit the implementation of the provisions of international treaties in criminal law. However, it is obvious that a complete refusal to cooperate with the international community will significantly hurt Russian foreign policy which makes impossible to find one correct, clear and universal solution to the problem of the negative influence of international law on the criminal policy of Russia. On the basis of studying and summarizing the basic philosophical concepts, as well as the positions of the criminal legal doctrine, the paper suggests the method by which, in the opinion of the author, it is possible to monitor compliance with the necessary balance between Russian interests and the requirements of international law. The author proposes the use of the category "scientific paradigms of criminal law" which, in his opinion, have provided and ensured the relative stability of the Russian criminal law for many decades. This article contains the concept of scientific paradigms of criminal law, their main functions, as well as examples of influence on criminal policy of Russia.