Criminalisation in the Criminal Law: Experience of Legal Doctrine

Abstract

The article deals with the issue of the essence of criminalization in criminal law. The vectors of development of criminalization of social relations are defined. The aim of the research: to determine the criteria of criminalization of social relations in modern conditions and to characterize the system of criminal law measures in the structure of criminal law. Traditional methods of socio-legal and formal-dogmatic analysis were used in the research: documentary, historical-legal, analytical, systematic, logical. According to the results of the study, the author states that criminal law of the classical type is replaced by criminal law of the utilitarian type, where the concept of crime is associated with the infliction of harm, and public danger plays an auxiliary function. In the system of security measures, the public danger of a deed does not form a criminal-legal prohibition. Criminalization is based on the element of expediency, where the main importance is given to security law. Criminal security law aims to affect a person who has not yet committed a socially dangerous act, and this is not a crime in the classical sense. In such a model, it is not the nature and extent of the harm caused that fills the crime, but the social danger of the person, since it is the subject that is the source of a particular socially dangerous behavior. It is proposed to fix the idea of new social protection and security in the criminal law.