Dolgikh I.P., Shebanov D.V. —
On the issue of criminological validity of some illegal acts
// Legal Studies. – 2015. – ¹ 5.
– P. 58 - 68.
DOI: 10.7256/2409-7136.2015.5.14580
URL: https://en.e-notabene.ru/lr/article_14580.html
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Abstract: The article is devoted to one of urgent problems of modern Russia - the issue of criminological validity of certain illegal acts, both criminal and violating the norms of administrative law.The object of the study is the mechanism of influence of the complex of criminological knowledge on the state and development of criminal law and administrative law of torts. The subject of the research consists of domestic and foreign regulations of criminal and administrative law and adjacent branches of law (penitentiary, criminal procedure, administrative procedure) and of specific empirical research conducted by the authors and by other lawyers. The methodology of the research includes the complex of the general scientific and special methods of the social-legal reality cognition. The dialectical method is the main method allowing consideration of the subject and the object of the research in the completeness of their manifestations, taking into account the contradictions and the consequences of their settlement in the process of quantitative changes transition into qualitative ones. The authors use the logical-legal, the historical-legal methods, the method of comparative jurisprudence, the system-structural approach, content- and statical-analysis, and the methods of criminological research. The scientific novelty of the study lies in the fact that it is the first attempt in the conditions of fundamental renewal of criminal law and administrative law of torts to develop the integral concept of criminological determination of two adjacent branches of law - criminal and administrative. Thus the authors have initiated complex development of a new branch of domestic criminology. Special attention is paid to the emerging institution of exemption of administrative liability in Russia.