DOI: 10.25136/2409-7136.2020.5.28845

Abstract: The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

DOI: 10.7256/2454-0706.2018.11.43186

Abstract: This article discusses the controversial questions emerging in the context of judicial implementation of the Part 6 of the Article 15 of the Criminal Code of the Russian Federation on changing the grade of the crime for a less grave. The author identifies certain problems in legislative regulation pertinent to the transformation of the category of crime, and suggests the ways for their elimination. Part 6 of the Article 15 of the Criminal Code of the Russian Federation is viewed through the prism of liberalization and humanization of the criminal legislation. The author notes that the declared vector of liberalization and humanization of the criminal legislation can be realized via introducing the corresponding amendments into the Criminal Code and Criminal Procedure Code of the Russian Federation. The main conclusion of this research lies in the fact that the enforcement of the Part 6 of the Article 15 of the Criminal Code of the Russian Federation leads to a number of the criminal legal and criminal procedural issues that contribute to the accomplishment of objectives of the Criminal Code of the Russian Federation. The author underlines that the ambiguity of the legislative formulation casts a doubt on its unambiguous application. In case of revealing contradictions between the criminal and criminal procedure legislations, the priority should take the norms of substantive law, i.e. the Criminal Code of the Russian Federation, while the Criminal Procedure Code of the Russian Federation should be brought into accord with the criminal law.