To the question of the typology of the mechanisms of criminal law influence and the possibilities of their criminological support

Abstract

The object of the study is criminal law impact – a legal phenomenon that is subject to development in domestic criminal law, but has received insufficient research due to the ongoing discussions of legal scholars about its content, place in the system of legal regulation and mechanism of action. The subject of the study is, firstly, the typology of the mechanisms of criminal law regulation, and secondly, the possibilities and methods of criminological support of such mechanisms. The typology is based on different types of criminal law rationality, which, in turn, through legal consciousness and legal culture, set different expectations from the application of criminal law in different cases. The author draws attention to the fact that the attempt to present the mechanism of criminal-legal impact as a single phenomenon, as well as the efforts of legal scholars to develop universal methods of criminological justification of criminal-legal prohibition face serious difficulties. To overcome them, it is proposed to distinguish three types of the mechanism of criminal legal impact, as well as to focus attention not so much on the justification of decisions on criminalization or decriminalization, as on criminological support of the process of criminal legal impact, taking into account the typology carried out. The main methods of criminological support of each type of mechanism of criminal legal influence are proposed. Taking into account the peculiarities of the functioning of the social control system, separate recommendations for reducing or strengthening the processes of stigmatization of offenders are proposed for each type.