On the prospects for the development of criminology, the place of the theory and understanding of the criminalization model in the context of the concept of criminal law modeling
In the context of discussing the problem of the crisis of criminology, the conclusions about the need to de-velop a theory of criminalization/decriminalization, which is an integral part of the concept of modeling criminal law, included in the subject of criminal law (such a part of it as the sociology of criminal law), and to develop an approach to understanding the criminalization model from the position of the result of this process are substan-tiated. The hypothesis that the concept of criminalization model, in essence – the model of criminal prohibition, should potentially become one of the basic concepts within the concept of modeling of criminal law is substan-tiated and its understanding as a certain layout, scheme of construction of such prohibition (from the position of its internal structure and (or) external form of expression), reflecting the peculiarities of normative-legal consoli-dation and legal-technical design, characterizing the boundaries of the action (spread) of such prohibition through the prism of objective and in some cases, subjective features of the composition(s) of the crime(s), as well as the assessment of benefits and values in the context of priorities of criminal law protection.
Authors
- Sergey Markuntsov
- Irina A. Markuntsova
Institutions
- National Research University Higher School of Economics (RU)
- Russian University of Transport (RU)
Publication Details
- Journal
- Current Issues of the State and Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.20310/2587-9340-2025-9-2-265-272
- Primary Topic
- Digital Transformation in Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00