Criminal-legal expectations of the guilty in the context of application of the institute of exemption from criminal liability
Authors:
2.
Akademiya upravleniya MVD Rossii
g. Moskva, Moscow, Russian Federation
g. Moskva, Moscow, Russian Federation
Type:
Article
eLocation:
Status:
Published
Received:
18.02.2025
Accepted:
11.03.2025
Published:
13.07.2025
Subject area:
UDC 343.01
Language:
Russian
Keywords:
Criminal legal relations, subjective rights and legal obligations, criminal-legal expectations; protection of criminal-legal expectations.
Abstract (English):
Introduction. The study, some of the results of which are presented in this article, examined the issues of humanization and liberalization of the criminal legislation of Russia. The authors came to the conclusion about the positive infl uence of these processes on the development of criminal policy. At the same time, a warning was formulated about the negative consequences of their uncontrolled course. Attention is drawn to the growing interest in the legal science to the phenomenon of «expectation». Its interdisciplinary nature is emphasized, its criminal-legal nature is demonstrated using the example of the regulatory provisions of the current Criminal Code of the Russian Federation. Methods. The study was conducted using a number of scientifi c methods: analysis, abstraction, generalization, comparative legal method, statistical method. Results. Based on the analysis of the composition of criminal legal relations, a conclusion is made that expectations are its element and are on a par with other elements – subjective rights and legal obligations. The need to protect legitimate expectations from being frustrated due to extraneous errors by providing the person being released with the right to directly or indirectly apply for such release is emphasized.
Introduction. The study, some of the results of which are presented in this article, examined the issues of humanization and liberalization of the criminal legislation of Russia. The authors came to the conclusion about the positive infl uence of these processes on the development of criminal policy. At the same time, a warning was formulated about the negative consequences of their uncontrolled course. Attention is drawn to the growing interest in the legal science to the phenomenon of «expectation». Its interdisciplinary nature is emphasized, its criminal-legal nature is demonstrated using the example of the regulatory provisions of the current Criminal Code of the Russian Federation. Methods. The study was conducted using a number of scientifi c methods: analysis, abstraction, generalization, comparative legal method, statistical method. Results. Based on the analysis of the composition of criminal legal relations, a conclusion is made that expectations are its element and are on a par with other elements – subjective rights and legal obligations. The need to protect legitimate expectations from being frustrated due to extraneous errors by providing the person being released with the right to directly or indirectly apply for such release is emphasized.
Keywords:
Criminal legal relations, subjective rights and legal obligations, criminal-legal expectations; protection of criminal-legal expectations.
Criminal legal relations, subjective rights and legal obligations, criminal-legal expectations; protection of criminal-legal expectations.
