| Issue |
SHS Web Conf.
Volume 134, 2022
14th Session of Euro-Asian Law Congress “The value of law” 2021
|
|
|---|---|---|
| Article Number | 00068 | |
| Number of page(s) | 5 | |
| DOI | https://doi.org/10.1051/shsconf/202213400068 | |
| Published online | 09 February 2022 | |
Humanism in the punishment of Russian criminal law
Yugra State University, Yugra, Khanty-Mansiysk, Russia
* Corresponding author: rozenko_sv@mail.ru
The article is devoted to the analysis of the problems of development and improvement of humanism in Russian criminal law. The principle of humanism is analyzed as a complex-systemic legal phenomenon with its own content and logic of development. Since punishment is a social phenomenon and functions in various areas of state and public life, its development is due to the implementation of a humanistic approach in law. The article examines the significance of humanism in criminal punishment and its historical nature; the essence of criminal punishment is defined in the Criminal Code of the Russian Federation as a list of types of punishments that are directly represented as a system and are applied to the guilty in the form of a measure of punishment, but humanism systematically limits the boundaries of criminal repression. Based on this analysis, the author makes judgments that at present humanism in the punishment of Russian law should be considered as a prerequisite for the formalization of punishment and other measures of a criminal law nature as independent and equal institutions of Russian criminal law. The consolidation of the constitutional prohibition on cruel or degrading punishment (part 2 of article 21 of the Constitution of the Russian Federation) necessitates a conceptual definition of these terms in the Criminal Code of the Russian Federation.
© The Authors, published by EDP Sciences, 2022
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