PATTERNS OF DEVELOPMENT OF PROHIBITIVE-PUNITIVE INSTITUTIONS OF SOCIAL REGULATION: FROM TABOO TO CRIMINAL LAW

Abstract

Formulation of the problem. The very existence and role of objective patterns in society, including in the legal sphere, causes doubt among some thinkers, up to the complete denial of any patterns in social life. However, even a shallow analysis, conducted from the perspective of the general scientific concept of patterns, leaves no doubt that in the development and functioning of law, in its matter, its constituent elements, in their correlation there are objective laws that, like laws in any other matter, have the nature of the necessary and stable relationships and dependencies. Therefore, it is clear that their specific laws are inherent in legal reality, including criminal law as its component. The emergence of criminal law - a natural process, which at one time was experienced by any modern society. It was due to the development of the system of social regulation and the objective needs of protecting social interests from the most dangerous attacks. Purpose of article. This article analyzes the process of the emergence of criminal law, examines the concepts of genesis and genetic patterns of criminal law, it turns out the preconditions of criminal law in the social regulation of the primitive era. Results. The study made it possible to formulate a number of specific patterns of the emergence of criminal law, in particular: the pattern of the genetic dependence of criminal law prohibitions on the system of sacred taboos and prohibitions of prestate society; the regularity of the emergence of criminal law norms only in a state-organized society; the regularity of the dependence of the emergence of criminal law on the formation of the idea of a crime as an act that causes harm to the whole society as an integral organism; regularity of conditionality of norms on criminal and punishable by moral ideas of society about good and evil; regularity, expressed in the sequential consolidation in the criminal law of crimes of mala in se (by nature), then mala prohibita (according to law).