DISCUSSIONS ON THE STRUCTURE AND CONTENT OF PENAL LEGISLATION IN THE CONTEXT OF THE ENTRY INTO FORCE OF THE FEDERAL LAW «ON PROBATION IN THE RUSSIAN FEDERATION

The article presents an analysis of the current version of Article 2 of the Penal Code of the Russian Federation and the version of this article proposed within the framework of the theoretical model of the new Penal Code of the Russian Federation, analyzes the educational literature on penal law in order to identify approaches to determining the structure and content of penal legislation, identifies the positive and negative sides of various approaches in covering this issue, the issue of the place of the Federal Law coming into force on February 6, 2023 has been studied. No. 10-FZ «On Probation in the Russian Federation» in the structure of penal legislation based on its content and the provisions of Article 2 of the Criminal Code of the Russian Federation. As a result of the conducted research, the author comes to the conclusion that despite the legislative regulation of the structure and content of the penal legislation of the Russian Federation within the framework of Article 2 of the Criminal Code of the Russian Federation, there is a diverse interpretation by scientists of its provisions in terms of determining the content of the relevant legislation and this in many ways allows a very diverse characterization of its structure. The author considers it necessary to develop a relatively uniform approach among penitentiary scientists to determine the structure and content of the penal legislation of the Russian Federation, which act as one of the most important elements related to the definition of the subject of penal law as a branch of law, as well as the relevant branch of science and academic discipline.

Authors

Publication Details

Journal
Penal law
Published
2025-03-11
DOI
https://doi.org/10.33463/2687-122x.2024.19(1-4).4.534-543
Citations
1
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
15.98
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article

DISCUSSIONS ON THE STRUCTURE AND CONTENT OF PENAL LEGISLATION IN THE CONTEXT OF THE ENTRY INTO FORCE OF THE FEDERAL LAW «ON PROBATION IN THE RUSSIAN FEDERATION

Sergey Markuntsov
1 citations
Penal law
Legal and Policy Issues
15.98
article

DISCUSSIONS ON THE STRUCTURE AND CONTENT OF PENAL LEGISLATION IN THE CONTEXT OF THE ENTRY INTO FORCE OF THE FEDERAL LAW «ON PROBATION IN THE RUSSIAN FEDERATION

Sergey Markuntsov
article en
1 citations

Abstract

The article presents an analysis of the current version of Article 2 of the Penal Code of the Russian Federation and the version of this article proposed within the framework of the theoretical model of the new Penal Code of the Russian Federation, analyzes the educational literature on penal law in order to identify approaches to determining the structure and content of penal legislation, identifies the positive and negative sides of various approaches in covering this issue, the issue of the place of the Federal Law coming into force on February 6, 2023 has been studied. No. 10-FZ «On Probation in the Russian Federation» in the structure of penal legislation based on its content and the provisions of Article 2 of the Criminal Code of the Russian Federation. As a result of the conducted research, the author comes to the conclusion that despite the legislative regulation of the structure and content of the penal legislation of the Russian Federation within the framework of Article 2 of the Criminal Code of the Russian Federation, there is a diverse interpretation by scientists of its provisions in terms of determining the content of the relevant legislation and this in many ways allows a very diverse characterization of its structure. The author considers it necessary to develop a relatively uniform approach among penitentiary scientists to determine the structure and content of the penal legislation of the Russian Federation, which act as one of the most important elements related to the definition of the subject of penal law as a branch of law, as well as the relevant branch of science and academic discipline.

Penal lawVol. 19(4)
Openalex Percentile: Top 4%
Legal and Policy Issues
15.98
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