RUDN Journal of Law (Mar 2023)
Punishment as an object of scientific research: challenges and prospects
Abstract
Is devoted to the study of the legal phenomenon of punishment from the perspective of the general theory of law. It argues the need for an integrated approach to identifying the most important characteristics of punishment, considering its historical roots, etymology of the term and development trends. Relying on dialectical methodology, the author examines the prerequisites for the formation of the social institution of punishment, starting with the emergence of the first taboo and/or prohibitions. The conclusion determines the universal nature of the phenomenon of punishment, which applies to any negative sanctions implemented as measures of legal responsibility in both public and private law. The work substantiates an increased relevance of the issue of adequate understanding of legal punishment in national and international law. Three groups of interaction of punishment with other legal phenomena (means) are differentiated; they are interaction with similar phenomena that include punishment (group 1), interaction with phenomena that functionally contribute to the consolidation and implementation of punishment (group 2) and interaction with phenomena that have an auxiliary effect on consolidation and implementation of punishment (group 3). The lack of consistency (unified strategy) in law-making and law enforcement decisions in relation to the system of punishments and its dynamics have been demonstrated. The institutional features of the system of punishments in the Russian Federation, subject to a general theoretical analysis, have been determined. Approaches to the definition of the legal meaning of impunity as an independent category of jurisprudence are considered. The author gives his point of view on the issue of the forms and content of impunity and substantiates the need for its further study. In addition to domestic and foreign doctrinal and reference publications, the provisions of international legal acts, national legislation and materials of judicial practice are used as a source base. The author formulates proposals regarding the directions for further research of the category punishment in the general theory of law.
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