Modern Russian criminal policy: the problems of law making and law enforcement

The article deals with such forms of realization of modern Russian criminal policy as law making and law enforcement. The author examines some examples of inconformity between law making in criminal law and law enforcement practice. Being the forms of the realization of a unified process, law making and law enforcement should intercross: the adopted rules should be used in practice. But a recent analysis of legislation shows that they do not cross with each other. Indeed, over the last years, despite the general tendency to liberalization of criminal policy and punitive practice, legislators have toughened some punishments e.g. for crimes against sexual immunity of juveniles (Article 131-134 of the Criminal Code of the Russian Federation): the terms of imprisonment were increased and life imprisonment was introduced in some cases. But the examination ofjudicial practice shows that courts do not sentence to a maximum term of imprisonment and life imprisonment. Moreover, in every third case, the courts practiced more lenient sentences for crimes against sexual immunity of juveniles than provided for by law. Thus, we can see that serious punishments for crimes against sexual immunity of juveniles introduced by legislators did not result in toughening of a punitive policy. Legislators also toughened punishments for crimes connected with bribery by a considerable increase of fines. But the analysis of sentences showed that in the vast majority of cases courts tend to impose the punishments far below a standard one (minimum punishments). No doubt, this is done for the convicts to be able to pay their fines. The author comes to the conclusion that law making process in criminal law and law enforcement practice are developing independently and practitioners try to mitigate the mistakes of legislators. This can be explained by the lack of a clear scientifically valid legislative policy in our country which could reveal the drawbacks in our current legislative and regulatory framework and get rid of mistakes in future legislative activities. Public opinion is not taken into account in the course of legislating. Most of the latest changes in the Criminal Code of the Russian Federation are systemless, disputable and contradictory.

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