Economization of the criminal law branch: problem formulation directions of optimization

Elena Aleksandrovna Antonyan,Elena Gennadyevna Vayankina,Svetlana Viktorovna Sheveleva,Natalia Sergeevna Petrishcheva,A.A Pavlovna,M.K Intykbayev,I.P Koryakin,M.V Bavsun,E.G Gimpelson

doi:10.1051/shsconf/202110802001

Elena Aleksandrovna Antonyan, Elena Gennadyevna Vayankina + Show 7 more

Open Access

https://doi.org/10.1051/shsconf/202110802001

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Abstract

The need for legislative clarification, and, in some cases, for the consolidation of those institutions of criminal law in conjunction with criminal executive legislation, which are aimed at optimizing the current financial costs in connection with the implementation of criminal law, becomes obvious against the background of the desire for a general humanization of criminal policy and the economic crisis observed not only in Russia, but at the international level. Currently, a theoretical and methodological substantiation of the economization of the criminal law branch including the development of methods, principles, tools for state costs reduction at all stages of criminal prosecution, including using the organizational and economic mechanism of the penal system is required. The cost of the criminal law mechanism is due to the need, on the one hand, to ensure the rights of persons who have committed a crime, on the other hand, to protect the victims and minimize the consequences of the harm caused. The purpose hereof is to identify the internal reserves of individual institutions of criminal and penal legislation to determine new areas of optimization of savings in the criminal law branch by reducing the costs of criminal prosecution, on the one hand, and increasing budgetary profitability in the implementation of criminal legal institutions of a property nature, on the other hand. The work uses general scientific, specific scientific and special methods traditional for theoretical and applied legal research – the method of comparative jurisprudence, law interpretation method, systemic-structural method, statistical method, correlation method, content analysis of scientific publications, various types of extrapolation, etc. The novelty of the scientific research lies in a fundamentally new approach to the assessment of criminal law in conjunction with criminal executive legislation to find optimal solutions aimed at increasing the profitability of criminal law institutions and finding mechanisms for material support for victims.

Highlights

The issue of economizing the criminal law branch in the presented aspect has not been theoretically developed
The author rightly points out: “Economic criminal law is today a sub-branch of criminal law. It is meaningfully isolated from the point of view of the Special Part of the Criminal Code of the Russian Federation, covering in the very first approximation Section VIII “Crimes in the Sphere of Economics”, and in relation to the General Part of the Criminal Code of the Russian Federation, it finds its expression in the discussion of specific problems, namely and only economic criminal law, for example, signs and blanketness of dispositions of criminal law, formulas of guilt, relevance of a legal error, signs of a special subject, description of criminal consequences that are economic in nature, etc.” [8]
The reason lies in a certain dogmatism of the criminal law doctrine, certain isolation of criminal law, criminology and criminal executive law within the framework of scientific knowledge, and as justly noted by Bibik, interdisciplinary ties between the sciences of the criminal cycle are rather poorly developed

Summary

Introduction

The issue of economizing the criminal law branch in the presented aspect has not been theoretically developed. The most researched is the issue associated with the study of economic crimes: in their unity [1, 2], the elements of crimes, united by a common feature [3,4,5,6] and certain types of economic crimes [7] In this sense, the work of Esakov, who developed economic criminal law in the General Part of the Criminal Code of the Russian Federation, is of great interest [8]. A certain “profitability” of criminal law lies in the fact that through a criminal law prohibition, as well as certain rules-incentives, the legislator focuses on law-abiding behaviour associated with economic and financial activities (payment of mandatory payments, refraining from criminal bankruptcy, etc.) Works on this issue are predominantly in the nature of theoretical and applied research of subjective and objective signs of certain elements of crimes [10,11,12]. This is an abbreviated form of litigation, optimization of legal costs, and a number of other issues [18,19,20,21]

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Conclusion