Discussion on the results of the article of V.V. Khilyuta «Punishment and criminal impact: finding the best model for countering crime»

Abstract

In the article Punishment and criminal impact: finding the best model for countering crime V.V. Khilyuta points to the fact that the vector of development of criminal-legal relations in the course of the formation of a new era of society reveals the need for analysis and search for ways to transition to new forms of influence on the person for the purpose of prevention of commission of crimes. The author emphasizes the crisis of the institution of punishment. Proposes to revise the doctrine of punishment with cultural, spiritual and moral aspects, and with a bias towards prevention in the form of early application of criminal measures of influence on the person. According to V.V. Khilyuta, only a radical change in the existing socio-economic and cultural attitudes of society and the departure from the principle of equality of all before the law in the direction of differentiation of punishment and persons committing an illegal act, taking into account their social status, can lead to qualitative transformations of criminal legislation as a whole. He predicts the transition from the concept of punishment as retribution for the crime to the means of preventive criminal legal impact. This article is devoted to a discussion of the analysis of aspects of criminal law related to institution of punishment, on the basis of acquaintance with the content of article V.V. Khilyuta. There are counter-arguments that call into question the appropriateness of the proposed solutions by him.