The Criminal Code should be given a reminder-epigraph: "many of those shot were posthumously rehabilitated! »
DOI:
https://doi.org/10.33216/2218-5461-2020-40-2-20-50Abstract
This work is an excerpt from one of the sections
of the monograph “A Little About Everything. A
sidelong glance at the right ”, the writing of which I
hope to complete this year, if I live. The preliminary
publication of its part is due to the submission for
discussion of the prepared draft of the General Part
of the Criminal Code of Ukraine. As part of the developers,
the stars of the national science of criminal
law, however, there are controversial positions. I
consider it my duty to bring them to the attention of
my colleagues in a timely manner.
The main thing is disturbing. Criminal law is
designed to ensure the safety of every person in all
his respects. But they are regulated by a whole complex
of branches of law. Each of them has its own
contradictions. For example, in environmental law,
the main problem is global warming. It threatens to
rise in water levels in the oceans. However, the Aral
Sea has dried up, and a decrease in the water level in
the Caspian Sea is expected. The threat of the onset
of an ice age is not excluded. The created reservoir
in China has shifted the earth's axis. There is a growing
belief that the Earth is a self-regulating system
and that it controls the load, driving the population
from periodic epidemics. All this is being investigated
by independent groups of ecologists. Doctors
know that some medicines cure some and cripple
others, but the horse and the quivering doe are rightfully
harnessed into one harness. This happens in all
sectors, but a narrow group of specialists in criminal law believes that they can single-handedly create a
unified system for ensuring the security of society.
The Criminal Code should be the result of a
joint study of representatives of many branches of
scientific knowledge on the suppression of threats to
public safety, which could not be prevented with the
use of imitation and other advanced technologies
within a narrow professional specialization. Criminal
law specialists should act as experts in this regard.
The Criminal Code, in order to be a working
tool, and not a scientific work, should largely be the
result of a joint study of representatives of many
branches of scientific knowledge on the suppression
of threats to public safety, which it was not possible
to prevent using imitation and other advanced technologies
within a narrow professional specialization.
In the strategic perspective, the solution is seen in the
development of a methodology for correcting a person's
social orientation by improving his genome.
Criminal law specialists should act as experts in this
regard.
I am grateful to the leadership of the Volodymyr
Dahl East Ukrainian National University, which,
taking into account the completion in the near future
of work on the creation of the Special Part of the
Criminal Code of Ukraine, provided an opportunity
to bring the developers such an extensive analysis of
the shortcomings of the starting positions of the general.
I express my deep gratitude to Professor A. A.
Dulorov and Associate Professor R. N. Shekhovtsov,
who took the time to familiarize themselves with this
work and made critical comments.
Key words: law, law, criminal law, crime, punishment, state responsibility for the unjustified condemnation of a person.