The category of exclusiveness in the criminal law of Russia and foreign states
F.R. Sundurov
Kazan Federal University, Kazan, 420008 Russia
E-mail: kafedra.ksu@yandex.ru
Received March 10, 2020
DOI: 10.26907/2541-7738.2020.2.177-185
For citation: Sundurov F.R. The category of exclusiveness in the criminal law of Russia and foreign states. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2020, vol. 162, no. 2, pp. 177–185. doi: 10.26907/2541-7738.2020.2.177-185. (In Russian)
Abstract
A system study of the category of exclusiveness in criminal law was performed. Its socio-legal nature was revealed. In the criminal law, there are exceptional conditions for committing crimes, their elements, either aggravating or mitigating, as well as exceptional criminal law measures. The rationales and conditions of capital punishment were discussed. It was concluded that the exclusiveness in criminal law may result in both increased and mitigated penalties that are extraordinary. Therefore, it is necessary to carefully regulate the grounds for their application. The paper also substantiates certain proposals concerning the improvement of some legal norms in the Criminal Code of the Russian Federation.
Keywords: crime, responsibility, punishment, criminal code, public danger, exclusiveness, capital punishment, life imprisonment, hooliganism
References
- Istochniki prava [Legal Sources]. Issue 13. Tolyatti, VUiT, 2000. 412 p. (In Russian)
- Ugolovnyi kodeks Rossiiskoi Federatsii [The Criminal Code of the Russian Federation]. Vol. 1. St. Petersburg, SEVERO-ZAPAD, 1994. 507 p. (In Russian)
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