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Article`s title

Preferential Legal Regimes in Criminal Law

Authors

V. Turanin 1, A. Podolskiy 2

Volume

4 (2023)

Keywords

preferential legal regime, legal equality, proportionality of punishment, social justice, criminal responsibility.

Abstract

The purpose of preferential legal regimes is to establish legal equality and social justice by creating favorable conditions for the exercise of rights and performance of duties. For this reason, there may be an apparent discrepancy in the application of these regimes in criminal law. The article proves that this is not the case. In this way it is possible to achieve equality between persons who have committed a crime. Criminals, in isolation from the act they have committed, may, due to objective circumstances, be vulnerable from a social point of view compared to other subjects who have committed similar acts. In addition, the law requires that the punishment corresponds not only to the nature and degree of public danger of the crime, but also to the circumstances of its commission, as well as the identity of a person. The article also notes that punishment is applied in order to restore social justice, as well as to correct the convicted person and prevent the commission of new crimes, but not for the purpose of torture. The signs of preferential legal regimes that are characteristic of criminal law: they do not seek to minimize the penitentiary and preventive effect of punishment, but only contribute to the establishment of legal equality and social justice; they contribute to the proportionality of punishment; being a legal exception, they increase the normativity of law. The article presents groups of preferential legal regimes in criminal law based on their functional orientation. It is concluded that preferential legal regimes in the field of criminal law regulation are established and function to achieve the main goal: to create conditions for the implementation of the principles of legal equality and social justice.

How to Cite this article

Туранин В.Ю., Подольский А.В. Льготные правовые режимы в уголовном праве // Право: история и современность. 2023. Т. 7, № 4. С. 480 – 486. doi: 10.17277/pravo.2023.04.pp.480-486

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DOI:

https://doi.org/10.17277/pravo.2023.04.pp.480-486

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480-486

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