Criminal policy: definition and purpose

The article "Criminal policy: definition and purpose" is devoted to the study of doctrinal approaches of such leading modern scientists to the definition of the category of "criminal policy" as A.I. Aleksandrov, M.M. Babaev, A.I. Boyko, S.S. Bosholov, G.Y. Lesnikov, N.A. Lopashenko, A.V. Naumov, E.F. Pobegailo, Y.E. Pudovochkin, A.I. Rarog and others. Stating the fact of pluralism of opinions regarding the essential features of the term "criminal policy", including the purpose of criminal policy as a key component, the issues of "volume" of criminal policy, its subjects and objects of influence are investigated. In particular, it is argued that it is acceptable to limit criminal policy to "strategy" and to refuse such a component, often referred to by authors as "tactics". Special attention is paid to the issue of the purpose of criminal policy, for this purpose we refer to various points of view and put forward the thesis on the relative necessity of shifting the emphasis in determining the purpose of criminal policy due to the inadmissibility of its significant "narrowing". In particular, it is pointed out that the goal is still the final result, which should be considered the rule of law - the state of society in which the rights and freedoms of all members of society without exception are fully protected. It is argued that the emphasis should be shifted from such variants of the goal as reduction, minimisation, elimination of crime (as well as crime control), since these goals should be recognised as intermediate results, and, in addition, this approach is likely to create a risk of "abuse" on the part of the state in terms of artificial "external" reduction of crime rates. It is argued that it is incorrect to specify as a goal the achievement of social justice, since, among other things, the criminal law has a more punitive potential than a restorative one, and a number of consequences of some offences cannot be compensated to the necessary extent. On the basis of the above study, we focus on the key aspects, the need to pay attention to which, when forming the definition of "criminal policy", is recognised as appropriate. In particular, it is pointed out that it is necessary to refuse laconic definitions, as well as the use of the words "policy" and "tactics"; it is recommended to limit the "object" of criminal policy to crime (excluding "other offences"), the subject of criminal policy is proposed to be recognised only by the state. As a final conclusion, the author's definition of criminal policy is proposed, under which it is proposed to understand "strategic activities of the state to counter crime in order to protect the rights and freedoms of the individual". The author declares no conflicts of interests.

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