Continuity in Modern Russian Criminal Law: Negative Aspects
( Pp. 39-45)
More about authors
Rarog Alexey I.
Dr. Sci. (Law), Professor, Honored Scientist of the Russian Federation, Honorary Lawyer of the City of Moscow; Professor, Department of Criminal Law
Kutafin Moscow State Law University (MSAL)
Moscow, Russian Federation
Kutafin Moscow State Law University (MSAL)
Moscow, Russian Federation
Abstract:
Continuity in law as the use of accumulated experience is one of the natural directions of development along with reform, implementation and novelization. In the order of succession, only positive experiences should be used, adapting them to changing conditions. This requirement is generally respected by the Russian legislator: from the previously accumulated experience, decisions are perceived that correspond to the letter, spirit and needs of the current criminal legislation of the Russian Federation. Federation. At the same time, certain legislative decisions of the past are transferred to the future without taking into account the changed conditions and needs, therefore they are not perceived at all or are adjusted by law enforcement practice. The article provides specific examples of unsuccessful, in the author’s opinion, borrowing of criminal law decisions from the legislation of Russia’s recent and even very distant past, and expresses the opinion that it is necessary to more carefully adjust past experience and adapt it to the needs of the criminal law of the Russian Federation.
How to Cite:
Rarog, A.I. (2026). Continuity in modern Russian criminal law: Negative aspects. Lobbying in the Legislative Process, 5(2), 39–45. DOI: 10.33693/2782-7372-2026-5-2-39-45. EDN: SHXARC
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Davitadze M.D. Criminal liability for sabotage. Bulletin of Moscow University of the Ministry of Internal Affairs of Russia. 2020. No. 3. Pp. 169–173. (In Rus.). DOI: 10.24411/2073-0454-2020-10163. EDN: SOYWGE.
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Maslova E.V. Continuity of subjective imputation in Russian criminal legislation. In: Continuity in law: Doctrine, Russian and foreign practice, technique. Second Babaev Readings. Nizhny Novgorod, 2011. Legal technique. Yearbook. Issue 5. Pp. 308–318. EDN: RCGJWX.
Militsin S.D. Traditions as prerequisites for the continuity of criminal procedure law. Russian Juridical Journal. 2020. No. 1. Pp. 134–142. (In Rus.). EDN: KOZEOP.
Nakonechnaya T.V. Continuity in the development of Soviet law. Abstract of dis ... of Cand. Sci. (Law). Kiev, 1984. 24 p. EDN: NPEYRL.
Omigov V.I. Continuity in criminal law on illegal drug trafficking in Russia. In: Continuity in law: Doctrine, Russian and foreign practice, technique. Second Babaev Readings. Nizhny Novgorod, 2011. Legal Technique. Yearbook. Issue 5. Pp. 356–361. EDN: RCGJYL.
Rybakov V.A. Continuity in domestic law during the transition period: General theoretical issues. Abstract of dis. ... of Dr. Sci. (Law). Omsk, 2009. 42 p. EDN: QETCTT.
Saibulaeva S.A. Continuity in state and legal construction: Some theoretical issues. Legal Policy and Legal Life. 2021. No. 1. Pp. 68–76. (In Rus.). DOI: 10.24412/1608-8794-2021-1-68-76. EDN: BUFEUX.
Saibulaeva S.A. The essence and differentiation of continuity in domestic constitutional law. Lawyer. 2024. No. 2. Pp. 52–56. (In Rus.). DOI: 10.18572/1812-3929-2024-2-52-56. EDN: PUPFET.
Tikhomirov Yu.A. The administrative law science: Continuity and new twists. Administrative Law and Process. 2021. No. 7. Pp. 11–15. (In Rus.). DOI: 10.18572/2071-1166-2021-7-11-15. EDN: ELIXBW.
Tokareva S.N. Codification of criminal law in the first years of the Soviet Rule: From continuity to independence. Lex Russica. 2019. No. 10. Pp. 154–160. (In Rus.). DOI: 10.17803/1729-5920.2019.155.10.154-160. EDN: HDMXJY.
Khazanov S.D. Code of administrative offences: Continuity and novelty. Business. Management. Law. 2002. No. 1. Pp. 54–55. (In Rus.)
Shvekov G.V. Continuity in law. Moscow: Vysshaya Shkola, 1983. 184 p.
Keywords:
criminal law, perpetrator of crime, age of criminal responsibility, minor, mental retardation, legal insanity, mental disorder, mental disorder, not excluding legal sanity.
