Differentiation of responsibility as an expression of the principle of justice
| Autor | Alexandra Yu. Bokovnya - Fedor R. Sundurov |
| Cargo | Kazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail: at 240886@gmail.com, phone 8(843)2337103 - Kazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail: kafedra.ksu@yandex.ru, phone 8(843)2337103 |
| Páginas | 142-153 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 07 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
142
DIFFERENTIATION OF RESPONSIBILITY AS AN EXPRESSION OF
THE PRINCIPLE OF JUSTICE
Alexandra Yu. Bokovnya1
Fedor R. Sundurov2
Abstract: The proposed article studies the
differentiation of criminal responsibility
from the standpoint of implementing the
principle of justice. The authors point out,
along with positive decisions of the
legislator, to the imperfection of the
regulation in the Criminal Code of the
Russian Federation of differentiation of
criminal responsibility from the standpoint
of the principle of justice.
Keywords: criminal law; criminal
liability; differentiation.
Introduction
Differentiation of criminal
responsibility is one of the main directions
of development of modern criminal law
policy of Russia, as well as of many other
states. This is a kind of key to the fairness
of the norms of criminal law and its
1 Kazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail:
at240886@gmail.com, phone 8(843)2337103
2 Kazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail:
kafedra.ksu@yandex.ru, phone 8(843)2337103
practice. The literature often focuses on
the appropriateness and fairness of
imprisonment [Cornel, 2010], while it is
noted that in some states, when
differentiating punishment, the role of
imprisonment is overestimated (for
example, in the US), and in others (FRG)
it is largely limited [Albrecht, 2015], and
sometimes differentiation is reduced to the
individualization of punishment [Berar,
2014].
Despite some differences of
opinion in both Russian and foreign
literature, the fundamental importance of
differentiating criminal responsibility
(punishment) for the implementation of
the principle of justice is emphasized. In
terms of further improvement of the
criminal law, it seems necessary to
disclose the influence mechanism of the
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