Criminal Policy and Criminal Law in a Strong State

Abstract

The modern Russian society is transforming largely in the context of the implementation of the idea of a strong state. The uncertainty and ambivalence of this idea, which in various interpretations focuses on expanding the sphere of state participation in public space or on the effectiveness of state administration, allows the state to independently determine the vector of state building. In Russia, as follows from the public statements of the political leadership and current practice, the specifics of a strong state involve an increase in the sphere of influence of the state, an increase in its power, and the protection of conservative values and sovereignty. Each of these components requires adequate criminal and legal support, including the criminalization of socially dangerous attacks. An analysis of legislative practice shows that in the total array of new offenses introduced into the Criminal Code of the Russian Federation since 2000 more than 40% provided support for the construction of a strong state. It is fair to consider this practice as a reflection of a very specific and poorly studied concept of the criminal policy of a strong state in science. Such a policy focuses on the expansion of the sphere of state presence in the social space, the use of criminal law means primarily protect state interests, which consist in ensuring the stable (unchanged) functioning of a strong vertical of power in a consolidated society, including through the norms of criminal law, based on conservative patriarchal values. At the same time, it carries the potential risks of total state control and a reduction in the scale of freedom, which requires mandatory consideration and reflection in the criminal and political science discourse.