CRIMINALIZATION OF THE PERIOD OF THE SMO: SOME REMARKS CONSIDERING AXIOLOGY, TECHNIQUE, VALIDITY

Criminalization of the last period of more than ten years is the subject of critical discussion in the scientific community. At the same time, the unprecedented historical moment experienced by the Russian state and society, as it seems, in one way or another should impose its specificity on criminal lawmaking. In the framework of the author’s analysis of lawmaking activity on novelization of the Special Part of the domestic criminal law of the period of the special military operation, the criteria of axiological orientation of novelties, their peculiarities in the context of legislative technique and, finally, the validity of criminalization were taken as a basis. Based on the axiological orientation of criminalization of the period under consideration, the conclusion was made about the obvious consideration by the legislator of real and/or potential risks to the security of the state. It is important that, as a rule, these prohibitions are formulated using the construction of administrative prejudice. In addition, from the point of view of legislative technique, attention is drawn to the criminalization of acts subject, as a general rule, to evaluation in the framework of the doctrine of unfinished crime, the theory of complicity. It is established that the constructions of certain corpus delicti of crimes are flawed due to the use of evaluative concepts and emerging competition with the already existing provisions of the Special Part of the Code. Finally, the assessment of innovations from the position of criminological validity leads to the conclusion that only in five cases out of twelve explanatory notes to draft laws on the introduction of a particular criminal-legal prohibition contained information justifying the conclusion about the public danger of a particular act. Interestingly, the relevant draft laws proposed to establish liability for crimes that infringe on other, not related to the interests of the state, social relations and benefits.