The Main Results of Criminal Law Reform in 2022: An Analytical Review

Abstract

The paper critically reflects on the changes in criminal legislation implemented in 2022: 15 federal laws, which changed the Criminal Code of the Russian Federation, were adopted. A third of them is directly related to Russia conducting a special military operation. The review analyzes the most important changes, indicating the problems that arise in connection with their adoption, and suggests ways to solve these problems. The main results of the reform of the General Part of the Criminal Code of the Russian Federation (in particular, the expansion of the list of aggravating circumstances) are highlighted. In 2022, 16 new articles were included in the Special Part of the Criminal Code of the Russian Federation, and 38 existing ones were subject to adjustments. The main trends of these changes include the expansion of criminalization, the strengthening of differentiation, and the tightening of criminal responsibility. The problems of differentiation of sexual crimes by taking into account the multiplicity of victims are critically investigated. An attempt is made to differentiate participation in an armed conflict and going over to the enemy’s side. The ratio of the bodies of crimes under Articles 207.3 and 280.3 of the Criminal Code of the Russian Federation is analyzed with the need for unification in the criminal law of public appeals to violation of federal legislation. Some difficulties in the new understanding of torture are considered. The strengthening of artificial competition of criminal law norms on the example of the compositions provided for by new Articles 201.2, 201.3, 285.5, 285.6 of the Criminal Code of the Russian Federation. The main trends in the change of crimes against military service are identified. The unfaithfulness of the legislative regulation of criminal encroachments through the allocation as independent crimes of certain stages of an unfinished crime or types or forms of complicity in a crime on the example of anti-diversionary crime compositions is emphasized (Articles 281.1–281.3 of the Criminal Code of the Russian Federation), etc.