Experience of axiological interpretation of objects of criminal-legal protection

Relevance . Interpretation in the context of traditional Russian spiritual and moral values of such objects of criminal-legal protection as human rights and freedoms, normal sexual relations, family interests and upbringing of minors allows us to identify the features of their content, which are currently either underestimated or ignored, which creates the prerequisites for clarifying and concretizing the system of measures for their criminal-legal protection. The purpose of the study is to identify the value content of certain human rights and freedoms as objects of criminal law protection, which would contribute to the disclosure of their humanistic potential and the establishment of an optimal balance of personal and public interests. Methodology . When writing the work, methods of analysis and synthesis, general scientific (philosophical, logical) techniques and tools of the systems approach were used. Results . Based on the proposed by S.A. Levitsky proposes to supplement the concept of the opposition of negative and positive freedom, as well as the teachings of the Russian Orthodox Church, with a definition of the object of crimes as certain rights and freedoms - the right to freedom of speech and expression of opinions, freedom of creativity, freedom of association and assembly, etc., by indicating the substantive component of the corresponding right or freedom. In particular, freedom of speech should extend only to such information that does not harm the interests of the individual, society and the state, and fills the very concept of freedom of speech with positive content. If information is created or disseminated, the content of which does not cause harm, then its restriction should be recognized as illegitimate; if destructive information is created and disseminated, then the guarantees of freedom of speech do not extend to it due to the absence of the "positive freedom" itself as a protected benefit. Conclusion . In the context of objects of criminal law protection, it is advisable to pay special attention to the authority of the state. An attack on the authority of the state as a value is simultaneously an attack on the sociopsychological well-being of the country's population, its value guidelines, and on the security of the state itself.

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Publication Details

Journal
Proceedings of the Southwest State University Series History and Law
Published
2025-07-21
DOI
https://doi.org/10.21869/2223-1501-2025-15-3-124-134
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Experience of axiological interpretation of objects of criminal-legal protection

Ph. V. Chirkov
Proceedings of the Southwest State University Series History and Law
Ukrainian Legal and Forensic Studies
article

Experience of axiological interpretation of objects of criminal-legal protection

Ph. V. Chirkov
article en

Abstract

Relevance . Interpretation in the context of traditional Russian spiritual and moral values of such objects of criminal-legal protection as human rights and freedoms, normal sexual relations, family interests and upbringing of minors allows us to identify the features of their content, which are currently either underestimated or ignored, which creates the prerequisites for clarifying and concretizing the system of measures for their criminal-legal protection. The purpose of the study is to identify the value content of certain human rights and freedoms as objects of criminal law protection, which would contribute to the disclosure of their humanistic potential and the establishment of an optimal balance of personal and public interests. Methodology . When writing the work, methods of analysis and synthesis, general scientific (philosophical, logical) techniques and tools of the systems approach were used. Results . Based on the proposed by S.A. Levitsky proposes to supplement the concept of the opposition of negative and positive freedom, as well as the teachings of the Russian Orthodox Church, with a definition of the object of crimes as certain rights and freedoms - the right to freedom of speech and expression of opinions, freedom of creativity, freedom of association and assembly, etc., by indicating the substantive component of the corresponding right or freedom. In particular, freedom of speech should extend only to such information that does not harm the interests of the individual, society and the state, and fills the very concept of freedom of speech with positive content. If information is created or disseminated, the content of which does not cause harm, then its restriction should be recognized as illegitimate; if destructive information is created and disseminated, then the guarantees of freedom of speech do not extend to it due to the absence of the "positive freedom" itself as a protected benefit. Conclusion . In the context of objects of criminal law protection, it is advisable to pay special attention to the authority of the state. An attack on the authority of the state as a value is simultaneously an attack on the sociopsychological well-being of the country's population, its value guidelines, and on the security of the state itself.

Proceedings of the Southwest State University Series History and LawVol. 15(3)
Kuban State University (RU)
Openalex Percentile: Top 79%
Ukrainian Legal and Forensic Studies
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