Doctrinal approaches to the definition of the concept of criminal law policy and its determining factors

Abstract

The article analyzes the issues of understanding criminal policy and its factors using the historical method. Ideological and philosophical prerequisites for the formation of criminal policy in the works on philosophy, criminal law and criminal sociology of the XVIII and XIX centuries are determined. Taking into account historical experience, the factors of criminal policy are described as factors of the state of crime. The author characterized three stages of the development of scientific knowledge about criminal policy in the USSR , without specifying their content in relation to individual Union republics. At the same time, he highlighted the experience of criminological studies of crime in sociological and anthropological areas within the framework of the Cabinet for the Study of Crime opened on October 26, 1926 in Minsk at the Belarusian State University under the leadership of professors V.V. Shiryaev and A.K. Lenz. The author of the article defines criminal law policy as a function of the state to manage the processes of preventing and resolving social conflicts of a criminogenic nature by establishing criminal law prohibitions and their implementation in the process of justice.