Journal of Siberian Federal University. Humanities & Social Sciences / Criminal Law in the Social Dimension: Contours of Change and New Development Strategy

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)
Authors
Khilyuta, Vadim V.
Contact information
Khilyuta, Vadim V.: Yanka Kupala State University of Grodno Grodno, Republic of Belarus;
Keywords
crime; punishment; criminal law; conflict; person; security; public relations; value of law; strategy; mechanism of legal regulation
Abstract

The article deals with scientific-theoretical aspects of understanding criminal law in the conflictological discourse. The basic tendencies and regularities of criminal law development, its social connections, mechanism of transformation of social relations and change of the essence of man himself are revealed. The structure of criminal law regulation and the tasks facing today’s criminal law are analyzed. The purpose of the article is to rationally and critically examine the trends in the development of criminal law, to identify the current regularities and the scope of criminal law regulation. The author’s main conclusion is that the current criminal law is a tool for resolving social conflicts, as well as a global regulator of the international legal order. Criminal law also directly influences social relations and consciousness of society. However, the transformation of criminal law itself entails the uncertainty of criminal law regulation, because the limits of permissible influence and the boundaries of the criminal law on the development of social relations are not clear. The idea of society’s security transmitted by the state today does not always have clear outlines, and there is always a threat of going beyond the limits of the reasonable and natural. The problem is that with the development of new technologies, human space is objectively narrowing and law is increasingly invading private life, and such private life of a person becomes unacceptably transparent. In this case, it is important to find a reasonable balance between the security of society and the state, as well as individuals and the personal space of the individual.

Pages
1112–1120
EDN
OQUCGM
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/152976

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