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The problems of differentiation of criminal responsibility in the Criminal Code of the Russian Federation
Rogova Evgeniya Viktorovna, East-Siberian Institute of the Ministry of Internal Affairs of Russia, Ph.D in Law, Associate Professor, The associate Professor of criminal law and criminology
E-mail: [email protected]
The problems of differentiation of criminal responsibility in the Criminal Code of the Russian Federation
Abstract: The article analyses current condition of Criminal Law in Russia in the area of differentiation of criminal responsibility. The article also shows the directions of its improvement, connected with crime classification; the article suggests legislative consolidation for criminal infraction.
Keywords: Criminal law policy, differentiation of criminal responsibility, criminal infraction.
Differentiation of criminal responsibility is a part of legislative process and, in general, it reflects directions of development of state criminal policy. Differentiation of criminal responsibility is constantly developing process of searching interrelation between content and current condition of criminal activity and the actions, which should be taken by legislator
for correction of legal responsibility according to new impartial facts. Studies show that the condition of criminal activity in Russia is unstable: it increases and decreases. Absolute and comparative figures of criminal activity in Russia reached maximum point in 2006, then according to statistic data, it decreases (table 1).
Table 1. - The number of registered crimes in Russia
Years 1980 1991 1999 2006 2014
The number of crimes 1.0 mln 2.1 mln 3.0 mln 3.85 mln 2.17 mln
However, according to expert point of view these data do not reflect latency of criminal activity. Thus fighting against criminal activity cannot be reduced. One of the methods for the decision of this problem must be differential approach to people who commit crimes.
In Russia 75 percent from all registered crimes are the crimes of little gravity and medium gravity, the rest of them are grave offence and especially grave crimes. As the study has shown, in recent years about 3A of all number of registered crimes are the crimes of little gravity and medium gravity, what is more during two last years crimes of little gravity showed stable dominance. Obviously, the problems of fighting against crimes of little gravity and medium gravity require comprehensive solutions, but fighting against grave offence and especially grave crimes must not be reduced; differential methods of responsibility must be developed.
Criminal activity is changing phenomenon, it is qualitatively variegated; this explains different approach to fighting against its separate kinds. That’s why some statements about differentiation of criminal responsibility, appeared to be indemonstrable not so long ago, now require scientific specification in connection with essentially changed facts of fighting against criminal activity.
Nowadays in criminal policy of Russia can be observed two opposite tendencies: on the one hand, strengthening of repressiveness of criminal law and criminalization of actions, on the other hand, its humanization. Precisely differentiation of criminal responsibility must provide some balance between these two tendencies, balance between severity of criminal
responsibility for commitment ofgrave offence and especially grave crimes and leniency of punishment in case of commitment of crimes of little gravity and medium gravity.
Studying of differentiation of criminal responsibility is important today because it is also one of the methods of providing constitutional principle of justice. Implementing principle of justice differentiation of criminal responsibility reflects in the content of Criminal legislation. Effective solution of problems of differentiation of criminal responsibility helps implementing this principle, reducing to minimum subjectivity during decision-making process about punishment for committed crime.
As the result of the conducted study some problems were determined, they influence effectiveness of differentiation of criminal responsibility and can be separated into three groups. What’s more, named problems are connected with each other and attach conditions for each other.
The first group of problems is connected with insufficient attention of criminal law science to questions of differentiation of criminal responsibility.
Among them:
- weak scientific development of methodological base of studying about differentiation of criminal responsibility;
- the lack of studying foreign experience of differentiation of criminal responsibility in conditions of integration of legal systems;
- the lack of attention to questions of relation differentiation and individualization of criminal responsibility;
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Section 18. Science of law
- weak development of criteria for differentiation of criminal responsibility;
- the lack of clear classification for means of differentiation of criminal responsibility.
The second group of problems is connected with legislative regulation of differentiation of criminal responsibility. It includes:
- social and criminological inconsistency of some criminal laws which differentiate criminal responsibility;
- unbalance of legislative consolidation of some features which differentiate criminal responsibility; their insufficient criminological consistency;
- incompleteness and divergence of system which includes criminal law sanctions;
- the lack of clear criteria for making the difference among crimes and other violations of law;
- the lack of category criminal infraction in the criminal law of Russia.
In addition, the third group of problems is that differentiation of criminal responsibility does not provide the constitutional principle of justice to the full extent. Mainly, it is the result of wide borders of sanctions, which were made by Criminal Law of Russia. The confirmation of this you can find in sanction p. 4 art. 111 of The Criminal Code of the Russian Federation, which contemplates punishment as imprisonment for the duration from two months to fifteen years. The similar situation can be observed with other kinds of punishments, for example, there are no low borders for amounts of most punishments as fines.
This leads to contradictory precedents, which reflect in the sentences of courts, when courts give different sentences for similar crimes committed under similar circumstances.
Significantly changed for the last two decades Criminal Law of Russia is on the stage of reforming today. The reforming process should be based on scientifically proved and practically tested studies of differentiation of criminal
responsibility problems.
Further improvement of Criminal Law of Russia in the area of differentiation of criminal responsibility can happen in the connection with reconsideration of some provisions about categories of crimes. In particular, there is a necessity to include and define such category as criminal infraction in the Criminal Code of the Russian Federation.
Nowadays, when in some documents which reflect basic directions of development in criminal, criminal and penal and criminally — remedial legislation and also law enforcement system of the Russian Federation we can see course on the humanization of criminal policy, the question of legislative consolidation of the category criminal infraction is very important today.
In our opinion, legislative consolidation of category criminal infraction can help solving many problems connected with differentiation of criminal responsibility, thereby optimization of fighting against crimes with little gravity, the amount of which is around 40 percent from all crimes registered in Russia, and acts which are not crimes because of their low significance.
At present moment, The Criminal Code of the Russian Federation includes around 40 percent components of crimes with little gravity. Taking into consideration the conducted study based upon criteria referring wrongful acts to criminal infractions, we concluded that 25 percent components of crimes could be referred to criminal infractions.
Among positive moments of consolidation of criminal infractions, it needs to be observed that this measure will allow reducing the number of people who receive the sentence for imprisonment in average on 12 percent. This number of people in average are annually sentenced for imprisonment because of commitment of crimes of little gravity.
Taking into account given here and other factors, it is obvious that criminal legislation of Russia will experience deep important changes and in this connection scientific development of appropriate doctrinal objectives connected with differentiation of criminal responsibility, gets exceptional theoretical and practical meaning.
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