The prospect of criminalization of crimes against humanity in Russian criminal legislation

Abstract

Introduction. Currently, Russian criminal legislation lacks an independent norm on crimes against humanity. The author considers this to be a serious gap in the system of crimes against the peace and security of mankind (Chapter 34 of the Russian Criminal Code).
 Methods. The conclusions made in the article are the result of using the general scientific dialectical method of cognition, as well as private methods (analysis, synthesis, formal-logical).
 Tasks. The author in this article seeks to substantiate the need for direct criminalization of the norm on crimes against humanity in the criminal legislation of Russia.
 Results. The article analyzes doctrinal positions regarding the possibility and/or necessity of criminalizing crimes against humanity in national criminal law. The provisions of the norms of international law in force for Russia are also taken into account to address the issue of criminalization of crimes against humanity in the Russian Criminal Code.
 Conclusions. The article defines the following grounds for the criminalization of crimes against humanity in the Russian criminal legislation: international legal; constitutional and legal; political-legal and socio-legal. When formulating a rule on crimes against humanity in the Russian Criminal Code, the provisions of the statutes of post-war tribunals and modern ad hoc criminal tribunals recognized by Russia should be used. This rule should follow the traditional techniques of legislative technique and take into account a single contextual element inherent in all specific types of crimes against humanity.