Journal of Siberian Federal University. Humanities & Social Sciences / The Effectiveness of the Criminal Law Norm: Systems Approach

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2023 16 (5)
Authors
Baburin, Vasilii V.; Tarbagaev, Aleksei N.; Surikhin, Petr L.
Contact information
Baburin, Vasilii V.: Omsk Academy of the Ministry of Internal Affairs of Russia Omsk, Russian Federation; ; Tarbagaev, Aleksei N.: Siberian Federal University Krasnoyarsk, Russian Federation; ; Surikhin, Petr L.: Siberian Federal University Krasnoyarsk, Russian Federation;
Keywords
crime; criminal law norm; criminal punishment; system of punishments; efficiency of criminal punishment; effectiveness of criminal law norm; system; system modeling; system analysis; systems theory
Abstract

It so happened that in the theory of criminal law it is customary to study separately the crime, separately the punishment, separately the disposition of the criminal law norm and its sanction. In this approach, we see the reason why criminal punishment, both provided for by a sanction and imposed by a court sentence, sometimes does not correspond to the social danger of a crime, that is, ultimately, the reason for the insufficient effectiveness of criminal law norms. The method of system modeling clearly shows this, allowing you to detect the relationship of these elements, correctly organize them, understand the patterns of functioning of the system of punishments, and, as a result, ensure the effectiveness of the system of criminal law norms. In particular, functional models of systems have been developed: crimes, criminal law, punishments. The processes of the impact of the system of criminal law on the system of crime are described. Circumstances have been established that testify to the insufficient systemic nature of the criminal law norm and punishments, through which their effectiveness is blocked. Concrete proposals are made to improve the systems of criminal law and punishments: the criminal law impact should be focused on the purpose of the crime, the instigator and organizer of the crime (with complicity in the crime); it is necessary to introduce new types of punishments that are able to ensure the goals of punishment and the criminal law norm; formalized the process of improving the effectiveness of the system of punishments and criminal law

Pages
690–704
EDN
ZMDTPN
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/150111

Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).