Abstract
Poor forecasting of the results of improving administrative and criminal legislation in terms of criminalization / decriminalization of criminal acts, imperfection of the administrative-tort and criminal policy of the state leads to the assumption of unjustified criminalization of similar socially dangerous acts, the establishment of excessive administrative and criminal law prohibitions on the implementation of certain activities, as well as to incorrect decriminalization of previously established criminal law prohibitions. The study of the influence of socio-economic factors on the formation of the administrative-tort and criminal policy of the government, acting as interrelated parts of a single punitive-legal policy, is due to the need to identify the directions of its implementation, the result of which is a change in administrative and criminal legislation. The analysis of the current administrative and criminal legislation, the systematization of the theoretical provisions of the problems of criminalization / decriminalization of acts, comparison of the factors that act as their causes, made it possible to identify the grounds for the legislative changes, which include: the emergence of new types of socially dangerous human activities; unfavorable dynamics of certain types of human behavior dangerous to society, which were regulated in administrative legislation or were not considered at all as offenses; the need to strengthen the protection of constitutional rights and individual freedoms; mistakes of the earlier decriminalization of criminal acts.
Highlights
One of the priorities of the modern state is the creation of such a system of relations between the government and the person, in which everyone is given the opportunity to most fully realize their legitimate interests, protect them from encroachments, and feel protected from external and internal threats [1]
The study showed that poor forecasting of the results of improving administrative and criminal legislation in terms of criminalization / decriminalization of unlawful / criminal acts, imperfection of the administrative tort and criminal policy of the state leads to the assumption of unjustified criminalization of similar socially dangerous acts in administrative and criminal legislation, unjustified expansion of the list of compositions crimes with administrative prejudice, as well as erroneous decriminalization, entailing the subsequent re-criminalization of a socially dangerous act
Lopashenko, identifies the following factors that act as its reasons: 1) the emergence of new types of socially dangerous human activities; 2) unfavorable dynamics of certain types of human behavior dangerous for society, which were regulated in administrative legislation or were not considered at all as offenses; 3) the need to strengthen the protection of constitutional rights and individual freedoms; 4) errors of the earlier decriminalization of criminal acts [14]
Summary
One of the priorities of the modern state is the creation of such a system of relations between the government and the person, in which everyone is given the opportunity to most fully realize their legitimate interests, protect them from encroachments, and feel protected from external and internal threats [1]. This can be achieved, first of all, through the implementation of a breakthrough scientific-technical and socio-economic development of the Russian Federation [2, 3]. Administrative-tort and criminal policy are integral interconnected parts of the unified punitive-legal policy of the state, which means “scientifically grounded, consistent and comprehensive activities of state and non-state structures for the further development of the system of legal punishments and legal responsibility, for improving certain types of punishment, for establishing an effective mechanism for the application of legal penalties in practice ”[4, 5]
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