Science Of Criminal Law Research Articles

Общественная опасность преступления: о чем нужно писать в кандидатских диссертациях?

Relevance: The Criminal Code is supplemented with new elements of crime without taking feedback into account. Most criminal law researches are retrospective. Scientists work with normative material trying to guess what the legislator kept in mind while accepting another “novel” of the Criminal Code of the Russian Federation and justifying it by ex post facto. Such an approach to the content of scientific research does not contribute to the development of the science of criminal law, but in a sense encourages hasty legislative decisions. Purpose: to give PhD candidates recommendations on the research of social danger of crime. Objectives: to reveal the significance of the thesis as an element of feedback when changing the criminal law, to identify the attitude of the legislator to the classical understanding of social danger of crime. Methodology: systematic and formal-logical research methods were used. Results: the author comes to the conclusion that the PhD thesis is considered as an element of feedback, which should contain a study of social danger of the act in these aspects and can improve the quality of the adopted laws; proves that social danger of crime deservedly occupies a place in the structure of the object of scientific research, but only when it is achieved the purpose of substantiating the criminalization of a new act, decriminalization of an old one, unification or differentiation of responsibility; puts forward the hypothesis that the legislator considers social danger not as an objective element of the act, as in the “classical approach”, but rather as an assumption, which does not often indicate the possibility of harming public relations by the act, but points out the significance of protected relations being affected by the act.

Исторические предпосылки разработки иных мер уголовно-правового характера, направленных на ограничение прав лиц, совершивших преступления против интересов Российской Федерации

The relevance of the topic is due to the need for a retrospective analysis of individual measures of state enforcement in order to understand their criminal legal nature. The history of the development of other measures of a criminal law nature in relation to individual groups of crimes is practically not considered in the criminal law literature. Encroachments on the interests of the state the punishment for which has traditionally been one of the most severe among socially dangerous acts prohibited by criminal law are no excluded. Nevertheless, the analysis of historical sources shows that the limits of coercion in this area have changed over time significantly. The changes that took place were related to the policy of the state, namely the humanization of punishment - the mitigation of the means of influence used against persons guilty of committing crimes against the interests of the state. Today, this trend generally continues. Along with the rigidity of the approach, the authorities allow a compromise, reasonably believing that a different impact or border measures can ensure the effectiveness of prevention.
 Traditional methods were used in the study organizing - generalization, analysis, analogy.
 Results. The development of the criminal law science, as well as the humanism ideas dominance, the human resources economy, led to the implementation of a fundamentally different approach in the entire field of criminal law regulation. We believe that the further development of this area will allow us to determine new prospects for countering the crimes of the group under study.

To the Issue of Criminal Liability of Medical Workers for Causing Death by Negligence

The article analyzed the conflict between Part 2 of Article 109 of the Criminal Code of the Russian Federation Causing death by negligence, due to improper performance of professional duties and Part 2 of Article 238 of the Criminal Code of the Russian Federation Production, storage, transportation or sale of goods and products, performance of works or provision of services that do not meet safety requirements, which inadvertently caused serious harm to health or death of a person. The author generalized the doctrinal positions that have developed in the science of criminal law regarding the differentiation of these compositions, analyzed individual precedents from judicial practice in cases of crimes committed by medical professionals. The author considered individual aspects of the elements of crimes described in Part 2 of the Article 109 of the Criminal Code and paragraph “b” of Part 2 of Article 238 of the Criminal Code. The author suggested to distinguish these compositions depending on the functions performed by a medical professional who committed an act that caused harm.

Использование сети Интернет как обстоятельство, отягчающее наказание: цивилизационная трансформация или предрассудки прошлого?

Introduction. The paper discusses the current problems of modern criminal law concerning the introduction of some qualifying features that establish a special way of committing a crime on the Internet. The proposals aimed at introducing a new aggravating circumstance into Part 1 of Article 63 of the Criminal Code of the Russian Federation are substantiated: “the commission of a crime using information and telecommunication networks, including the Internet.” In this regard, the purpose of the study is the analysis of the impact of information technology on the stability of the development of society through the establishment of criminal law prohibitions. The question is raised about the goals and objectives of introducing new provisions of criminal law establishing enhanced criminal liability for crimes on the Internet. Methods. Using the comparative legal method of scientific research as the main one, the authors trace the development of theoretical and legislative ideas about the impact of information technologies on public relations, analyze controversial issues of modern criminal law science, clarify and correct previously formed positions on the need to introduce new elements of crime. Results. Based on the conducted research, the opinion is substantiated about the absence of a systematic approach in the formation of the norms of Articles 110 of the Criminal Code of the Russian Federation, 1281 of the Criminal Code of the Russian Federation, and 133 of the Criminal Code of the Russian Federation, taking into account the interpretation of the norms of the criminal law proposed by the authors. Conclusions. It is advisable to amend the Criminal Code of the Russian Federation by excluding the feature “using information and telecommunications networks, including the Internet” from the Special Part. In addition, to eliminate the contradictions caused by the provisions under consideration, Part 1 of Article 63 of the Criminal Code of the Russian Federation should be supplemented with “the use of information and telecommunication networks, including the Internet.” The authors conclude that the new sign of crime slows down the civilizational transformation of criminal law norms, which does not allow timely responses to the challenges of modern reality.

Safety of civil aviation as an object of criminal law regulation

The article examines the problems of criminal regulation of civil aviation security. A systematic analysis of the current Criminal Code of Ukraine has been studied and conducted, which allows to identify the independent subsystem of criminal law protection of aviation security from acts of illegal interference in the activities of civil aviation.
 A systematic analysis of the norms of the current Criminal Code shows that this normative act does not provide for a single section that defines a specific list of criminal offenses that encroach on aviation security. Criminal liability for acts of unlawful interference with the activities of civil aviation is provided by articles located in various sections of the Special Part of the Criminal Code. However, this does not mean that aviation security is deprived of criminal law. It is generally accepted that the basis for combining criminal offenses into sections of the Special Part of the Criminal Code is the generic object of a criminal offense. In the science of criminal law, different approaches have been developed to the classification of the object of a criminal offense (crime). In most scientific sources on object issues, object classification includes: general, generic (group) and direct objects ( primary and additional ). As you know, the main direct object of a criminal offense, as part of a family object, determines the introduction of a criminal offense in one or another section of the Criminal Code.
 Yes, according to the interpretative dictionary, security – is a condition where someone or something is not threatened or disturbed. The ontological aspect of this concept defines «security» as a certain quality of human existence, which determines the purpose and outcome of human activities to protect against threatening factors, events and phenomena. The Constitution of Ukraine distinguishes three main types of security: « citizen security», «public safety», « state security». Because safety has many types ( aviation, production, domestic, public, demographic, economic, environmental, social, national, fire, radiation, traffic, man-made, transport, financial, food, nuclear, etc.), the concept of «security» in each field of knowledge is interpreted differently. But, in general, understanding the content of the category «security» includes the absence of danger and the existence of a state of protection of vital interests of the individual, society, the state from internal and external threats. The study of the normative characteristics of acts of unlawful interference suggests that they include socially dangerous, illegal acts related to encroachment on the normal activities of civil aviation and aviation facilities, defined by the norms of international and national legislation as acts of unlawful interference with the activities of civil aviation.
 Thus, aviation security, as the object of criminal offenses, is the normal activity of civil aviation and aviation objects, the absence of danger and the existence of a state of protection of vital interests of the individual, society, state ( life, health, public safety, property, etc. ) from acts of unlawful interference with civil aviation.

Scientific and practical analysis of the terms used in the disposition of Art. 436-2 of the Criminal Code of Ukraine

The article carries out a scientific and practical analysis of the terms used by the legislator in the disposition of Article 436-2 of the Criminal Code of Ukraine, and which, in fact, are an innovation in the science of criminal law of Ukraine. In particular, the author's interpretation of such forms of the objective side of the above-mentioned criminal offense as "justification", "recognition as legitimate", "denial", "glorification" is given. In addition, the authors carried out: substantiation from the point of view of domestic legislation and international law of the facts of the armed aggression of the russian federation against Ukraine, which began in 2014, and the temporary occupation of part of the territory of Ukraine; understanding the general reasons for the criminalization of actions that form the objective side of the criminal offense provided for in Art. 436-2 of the Criminal Code of Ukraine; consideration of the above terms in their general meaning and in the meaning determined by the context of criminal liability.
 The non-acceptance of the obvious fact that the military-political leadership of the russian federation launched an aggressive war against our country and occupied part of the territories, when this fact was established and recognized at the state level and by the international community, in the conditions of martial law, is, on the one hand, a prerequisite for collaborative activities within the state, and on the other hand, to the support of the crime of aggression by representatives of other states. Justification, recognition as legitimate, denial of the armed aggression of the russian federation against Ukraine, glorification of its participants are part of the information war of the russian federation against Ukraine, aimed at leveling the external grounds for repelling the armed aggression of the terrorist country, as well as preventing society from rallying around a national strategy of unity to repel threats to the national statehood, territorial integrity and inviolability of Ukraine.
 Despite the fact that since the introduction of criminal liability for the above-mentioned acts, enough time has passed for the formation of judicial and investigative practice of bringing people to criminal liability, the theoretical basis for the interpretation of certain terms has not yet been created. In general, the scientific conclusions obtained in the article can be the beginning of the formation of such a foundation.

CHARAKTER PRAWNY PRZEDAWNIENIA KARALNOŚCI W POLSKIM PRAWIE KARNYM

Despite the fact that for over a hundred years the statute of limitations has been a very popular subject among scholars and an issue of paramount importance, no satisfactory answer has yet been given to the question of its legal nature. Although the dominant view in the Polish science of criminal law is that the statute of limitations is substantive, in this text the author proves its procedural nature. This issue has a significant impact on a number of problems that are essential for the proper application of criminal law.

Features of the Voluntary Renunciation of Crimes of a Terrorist Nature

The article deals with the problem of understanding the notes to the articles on terrorist offences, including the problem of their identification as a voluntary renunciation or active contrition. This problem has not been solved in the science of criminal law, on which, in turn, depends the resolution of the question of the applicability of the general rule on voluntary renunciation to crimes of a terrorist nature. Purpose: To determine whether and on what basis the institution of voluntary renunciation can be applied to assess the positive behavior of persons involved in terrorist offences. Methodology: the author applies a systematic method, as well as private-scientific methods of legal hermeneutics, formal-legal. Result: Having considered the normative, doctrinal and law enforcement problems on the subject, the author offers a solution to the following controversial questions: what is the purpose of voluntary renunciation in relation to crimes of terrorist nature? How is the competition between art. 31 and note to article 205 of the Criminal Code of the Russian Federation solved? What is the legal nature of the notes on exemption from criminal liability to the articles on other terrorist crimes? Are there and what are the special features of voluntary renunciation in relation to terrorist offences?

Distribution of Fraud Using Electronic Payment Means (Article 159.3 Criminal Code of the Russian Federation) from Related Crimes

The article is devoted to the study of the topical issue in the domestic theory of criminal law of delimiting fraud using electronic means of payment from related offenses. Based on the analysis of the circumstances of the legislative definition of Art. 159.3 of the Criminal Code of the Russian Federation, existing points of view in the science of criminal law and materials of law enforcement practice, criteria are distinguished for distinguishing the type of fraud under study from related offenses. The article substantiates that the objective side of fraud using electronic means of payment: implies the presence of deceit or breach of trust; characterized by the use of electronic means of payment; the use consists not in simply securing the transaction, but in the direction of the actions of the perpetrator to mislead the victim regarding the preparation, certification and transmission of the order in order to transfer funds within the framework of the applicable forms of cashless payments using information and communication technologies.

Plurality of persons in crime as a new institution of criminal law of Russia

The plurality of persons in a crime is not considered in the Russian science of criminal law as an independent criminal law institution. The need to consider the multiplicity of persons in a crime in this capacity is due to the close relationship between the various types of multiplicity, as a result of which their comprehensive study is required to identify the essential content of each type, determine the criteria for their distinction and improve the mechanism for the criminal legal assessment of joint criminal activity. The present study does not imply a detailed study of each of the types of plurality of persons in the crime and can be considered as a theoretical formulation of the problem for its further study. A one-level system for classifying the multiplicity of persons in a crime is proposed: complicity in a crime, participation in a criminal association, special role-playing complicity, bilateral crimes, careless co-initiation, attachment to a crime. The main criteria for differentiating various types of plurality of persons in a crime have been determined.

PROTECTION OF VALUES OR MANAGEMENT BY REPRESSION. ON THE FUNCTIONS OF CONTEMPORARY CRIMINAL LAW

The study is devoted to an attempt to determine whether the analyses carried out at the level of the philosophy, theory and analysis and synthesis of criminal law, as well as the approaches presented in various criminological theories can be used in debates about the goals and functions of modern criminal law. The analyses carried out are based on the reconstruction of the current state of criminal law, dominated in many countries by penal populism. The coincidence of the repressiveness characteristic of the populist approach subordinated to the implementation of the concept of extreme deterrence, with the position of the legal elite as to the goals and functions of criminal law, illustrates the state of tensions and crises in which contemporary repressive law has found itself. The image of the public debate, characterized by the unambiguity of positions combined with the lack of perceptual openness to the views presented by the proponents of opposing approaches, provides a premise for the search for rational and verifiable arguments in disputes over the shape of criminal law. Given the limitations of the analysis and synthesis of criminal law in the sphere of disputes about values, an anthropological vision and a model of social structure make it reasonable to search for premises that order the debate about criminal law on other levels. In this regard, the study presents systemic approaches presented in the philosophy of criminal law combined with an attempt to justify that, in fact, complementary elements can be seen in them. Complementing the philosophical perspective is the plane of criminal law theory, on which one can also find elements that are part of the universal approach to repressive law. Adding to this picture of modern criminological theories, the study presents the thesis that modern criminal law serves multiple, sometimes opposing functions justified by reference to other assumptions and models of social structure. The multiple functions of modern criminal law make it unreasonable to refer to the dichotomy capturing alternatively the functions and goals of criminal law either as an instrument for protection of socially valuable values or as a tool of management by repression. The text seeks to justify the position that modern criminal law performs, in part, both functions indicated above. At the same time, there are opportunities to rationally limit the use of criminal law instrumentally as a tool of management by repression in the interest of power and certain social groups. The science of criminal law, encompassing the following planes: theoretical and philosophical, can be a plane that provides premises and arguments to help resolve contemporary dilemmas. In particular, it seems that the approaches presented in the science of criminal law and criminology are not so much of an opposing and radically competitive nature, but are in fact harmonizing, containing a number of complementary elements in a complex set of assumptions and claims that make up a holistic approach to the criminal law system.

ПОНЯТТЯ ТА СТАН ПРАВОВОГО РЕГУЛЮВАННЯ ПРОТИДІЇ ДОМАШНЬОМУ НАСИЛЬСТВУ В УКРАЇНІ: КРИМІНАЛЬНО-ПРАВОВЕ ДОСЛІДЖЕННЯ

The article is devoted to the study of the concept of “domestic violence” in the science of criminal law and the legislation of Ukraine. It has been established that the number of appeals and reports of domestic violence in Ukraine is growing every year. The article explores various scientific approaches to the concept of “domestic violence” and related concepts. The following definition of the term “domestic violence” has been proposed: actions or threat of use of actions of a physical, psychological, economic or sexual nature, committed in relation to one of the spouses, relatives by blood, relatives on the spouse’s side or other relatives or persons who are connected by a common household, and (or) live together if such actions lead to physical or psychological suffering, health disorders, violate the human right to freedom and personal integrity, honor and dignity, or other legally protected rights or interests of the individual. Attention is focused on the fact that the problem of domestic violence is global in nature and concerns all countries of the world. The paper analyzes international legal acts in the field of domestic violence prevention and national legislation in this area, draws attention to conflicts and contradictions in the legislation that negatively affect the fight against domestic violence and bringing the perpetrators to justice. Based on the analysis of national legislation, it is proposed to distinguish 4 groups of victims of domestic violence: 1) spouses who are married, in de facto marital relations (without official marriage registration) or former spouses, 2) relatives by blood, 3) relatives through the spouse 4) others relatives or other persons connected by a common life, and (or) living together. It is noted that administrative and criminal liability is provided for committing domestic violence in Ukraine, and the sign of systematic domestic violence is crucial for the possibility of criminal prosecution for domestic violence. It is proposed to strengthen the responsibility for domestic violence by increasing the term of imprisonment for domestic violence up to 5 years, since now the maximum sentence for domestic violence is up to 2 years in prison, and often such punishment is not commensurate with the actions of the perpetrator and the suffering of victims of domestic violence.

Report of Professor Lopashenko N.A. “Komissarov: on the role of personality in the science of criminal law and the tasks of the doctrine at the present time”

Report of Professor Lopashenko N.A. “Komissarov: on the role of personality in the science of criminal law and the tasks of the doctrine at the present time”

К ВОПРОСУ О ПОНЯТИИ ДЛЯЩЕГОСЯ ПРЕСТУПЛЕНИЯ И НЕОБХОДИМОСТИ ЕГО ЗАКОНОДАТЕЛЬНОГО ЗАКРЕПЛЕНИЯ

The legislation does not contain the concept of a continuing crime. The law enforcement officer solves this issue based on the theoretical concept of a continuing crime and based on the opinion of the Supreme Court of the Russian Federation on the qualification of specific crimes. However, their attribution to the number of continuing ones remains a controversial issue in the theory and practice of the application of criminal law. The article examines the theoretical, legislative and law enforcement problems associated with a continuing crime. In the science of criminal law, there is a fairly stable idea of which crimes provided for in the Special Part of the Criminal Code of the Russian Federation should be classified as continuing. In the conducted research, an attempt is made to identify how the understanding of a continuing crime that has developed in theory and practice allows us to give a fair criminal legal assessment of acts falling under this definition. The guiding explanations of the Plenum of the Supreme Court of the Russian Federation on the application of the rules on continuing crimes are critically analyzed, and some controversial issues related to the characteristics of the category of crimes under study are also considered. As a result of the analysis of legal doctrine and law enforcement practice, the article formulates those essential features that, in our opinion, a crime must possess in order to be considered lasting. Based on the results of the study, recommendations were made aimed at legally consolidating the definition of a continuing crime and the moment of its end.

Criminal law protection of public relations in field of digital financial assets and digital currency

Differences in the definitions of digital financial assets, digital currency and cryptocurrencies cause difficulties not only for law enforcement officers, but also in the science of Criminal Law. The author’s research has shown that the term “cryptocurrency” is not included in the concept of digital currency, and moreover cryptocurrencies are not digital financial assets. Cryptocurrencies are defined by the author as a virtual asset that can be an object of financial activity and, together with digital rights and digital currency, all types of virtual assets are involved in monetary circulation, and, accordingly, the relations that develop in this area are subject to criminal protection as a type of financial activity. The author substantiates the conclusion that the list of objects protected by criminal law should include economic (financial) relations, part of which are legal relations in the sphere of turnover of virtual assets. The place of such legal relations in the section of crimes against the economy has been determined.

Article: An Environmental and Legal Component of Criminal Offenses in Conditions of the Russian-Ukrainian International Military Conflict

The article examines the ecological and legal component of criminal offenses under martial law, since the risk of man-caused accidents and ecological disasters, which threaten security, including environmental and human ones, as well as international legal order, is increasing owing to aggressor-country army’s deliberate actions. It has been argued that the consequences of the military conflict for the environment, human life and health are already considered catastrophic. It has been proven that the ecological crisis should be recognized as an existential threat to the national security of Ukraine. Pressing issues of forming interdisciplinary (synergistic) connections between environmental and criminal law science and other areas of scientific knowledge have been covered. Considering the outlined problem is becoming of a significant relevance due to the fact that certain criminal offenses cause damage to the environment, thus, leading to its destruction. It is a matter of such criminal offence compositions as laws of the war violation (Article 438 of the Criminal Code of Ukraine (CCU) and ecocide (Article 441 of the CCU)). The expediency of improving the current criminal legislation and legal liability mechanism, which would satisfy the proportionality requirement, namely commensurate punishment of severity and consequences of the committed acts, has been substantiated. The expediency of further criminal law prohibition of ecocide in the new CCU Draft has been motivated, taking into account the degree of social danger as well as the severity of large-scale and long-term consequences for the environment and the entire humanity. It has been proven that the state’s environmental function to ensure environmental security, fundamental constitutional environmental rights of citizens, as well as to maintain ecological balance and sustainable development on Ukraine’s territory should become today’s narrative, with the environmental security component to be further included into the sectoral state restoration programs in order to form a new environmental law under martial law both for Ukraine and European countries. Based on our own conclusions and generalizations, proposals and recommendations for improving the current national legislation and greening the sectoral national policy components have been provided. It has been argued that legal mechanisms for fixing and determining the amount of environmental damage caused to natural resources and complexes as a result of armed aggression and hostilities under martial law should be established at the legislative level. environmental safety, environmental damage, environmental damage, environmental right protection, country’s natural resource potential restoration, severity of consequences, state’s environmental function, environmental and legal conflictology

Exemption from criminal liability with the appointment of a court fine: The analysis of judicial practice

The refusal of criminal prosecution with the imposition of a court fine is a new way of resolving a criminal-legal conflict for the domestic science of criminal law and criminal legislation. The uniqueness of this ground is that this is the only “conditional” exemption from criminal liability in the system of general grounds: in case of non-payment of a court fine within the time limit set by the court, the court fine is canceled, and the person is brought to criminal responsibility under the corresponding article of the Special Part of the Criminal Code of the Russian Federation. The article analyzes the judicial practice of applying Art. 76.2 of the Criminal Code of the Russian Federation for 2017–2021, judicial statistics, monographs and dissertations devoted to the institute of exemption from criminal liability, as well as scientific articles and dissertations related to the subject of this study. As a result of the research, the author identified two main problems of applying Art. 76.2 of the Criminal Code of the Russian Federation: competition between Art. 76 and Art. 76.2 of the Criminal Code of the Russian Federation and the choice of judges in favor of Art. 76.2 in cases where there are signs of reconciliation with the victim; the problem of compensation for damage (making amends for harm). The article suggests mechanisms for solving problems: a theoretical model of Art. 76.2 is proposed.

Исследование штрафа-наказаниякак средства уголовно-правового воздействия

D.A. Ogorelkov prepared a monographic study of the fine - the dissertation “Punishment in the form of a fine as a means of criminal legal influence”, which he submitted for the degree of Candidate of Legal Sciences (Specialty 12.00.08 - Criminal Law and criminology; penal enforcement law) and successfully defended on September 13, 2022 at a meeting of the dissertation Council D 203.010.01, created on the basis of the Omsk Academy of the Ministry of Internal Affairs of the Russian Federation. Results. The dissertation contains a solution to a problem that is important for the development of criminal law science. The design of the dissertation meets the requirements established by the Ministry of Education and Science of the Russian Federation. The abstract fully corresponds to the dissertation. The work in question is an actual, independent, completed study containing signs of novelty and reliability and meets the requirements of section II of the Regulations on Awarding Academic Degrees. Dmitry Alekseevich Ogorelkov deserves to be awarded the required academic degree of Candidate of Legal Sciences in the specialty 12.00.08 - Criminal Law and Criminology; penal enforcement law.

Проблемы назначения наказания при досудебном соглашении о сотрудничестве в России и Казахстане

A.K. Salykova conducted a dissertation research on sentencing under a pre-trial cooperation agreement (cooperation agreement) under the criminal legislation of the Russian Federation and the Republic of Kazakhstan, which he submitted for the degree of Candidate of Legal Sciences (Specialty 12.00.08 - Criminal Law and criminology; penal enforcement law) and successfully defended at a meeting of the dissertation Council D 203.010.01, created on the basis of the Omsk Academy of the Ministry of Internal Affairs of the Russian Federation. Results. The dissertation contains a solution to a problem that is important for the development of criminal law science. The design of the dissertation meets the requirements established by the Ministry of Education and Science of the Russian Federation. The abstract fully corresponds to the dissertation. The work in question is an actual, independent, completed study containing signs of novelty and reliability and meets the requirements of section II of the Regulations on Awarding Academic Degrees. Aliya Kairatovna Salykova deserves to be awarded the required academic degree of Candidate of Legal Sciences in the specialty 12.00.08 - Criminal Law and Criminology; penal enforcement law.

Столкновение типов рациональности: к вопросу о причинах длительного существования дискуссий по концептуальным вопросам в уголовном праве

The analysis of criminal law science by means of a post-non-classical approach is carried out. The subject of the analysis was the regularities of the existence and development of topics and issues that have conceptual significance for criminal law, but do not find their resolution. Such “clusters” of problems, ideas, and the meanings attached to them are presented in the form of discourses that have a very long existence. The set of analysis tools is supplemented by the category “type of rationality”, with the help of which it was possible to detect the nonlinear nature of the development of criminal law knowledge. Having studied the peculiarities of the development of criminal legislation and legal doctrine in the XX century and up to the present, it was concluded that the main type of rationality in the domestic criminal legal consciousness and, accordingly, in the doctrine, is mythological. It is based on a number of myths, mythologems and their corresponding symbols. Even more important is the discovery of a series of attempts to change the type of rationality in criminal law (to political in 1926–1958, to scientific with elements of psychology, pedagogy and sociology, i.e. in general, criminology in 1958–1996), as well as signs of reduction to the mythological type after 1996. Such attempts form a rather original structure of the criminal law doctrine, when the basis is the so-called “hard core” belonging to the mythological type of rationality, and a protective belt is formed around it with inclusions remaining from other types of rationality. The conclusion is formulated that many incessant and sometimes irreconcilable disputes on key issues of criminal law are caused by a discrepancy in the initial ideas of jurists, and sometimes legislators. The introduction of the category of the type of rationality into scientific circulation will contribute to the streamlining of criminal law theory and the harmonization of knowledge about the crime, the criminal, measures of criminal legal impact and other criminal law phenomena.