CHARACTERISTICS (FEATURES) OF CRIMINAL PUNISHMENT AS AN INSTITUTION OF CRIMINAL LAW

Abstract

The relevance of the scientific development of the problematic aspects of the features of criminal punishment is linked to its key role in the system of criminal law enforcement measures, and equally to their important constructive feature, which is the ability to reflect state policy objectives, priorities, interests, and needs in the field of criminal policy, the level of legal culture, and the available material resources that society possesses for crime prevention. The ongoing scientific interest in this topic within criminal law theory is also mediated by the fact that variations in these features depend on the degree of cultural and moral-spiritual development of a given society. Purpose: from the standpoint of modern scientific knowledge about criminal punishment, to present a new doctrinal list of its consolidated and standardized features, focused on the legal doctrine of Russia as a secular and democratic state and capable of serving as a model and benchmark in the legislative process. The article also aims to formulate proposals on amendments to the current Russian legislation on this basis. Methods: in the study, description, and critical analysis of doctrinal provisions and theoretical views, general scientific methods of comparison and generalization are applied. When examining the content of current legal norms, specific scientific methods are used, namely legal-dogmatic and interpretation of legal norms. Results: the article develops and presents a list of characteristics of criminal punishment that distinguish it from related legal categories and institutions and reflect its specificity, purpose, content, and essence. Specific proposals with novelty and originality are made to improve the norms of current criminal legislation.