Criminal Law as the Main Means of Combating Crime

Alexey Nikolaevich Antipov

State Institution Research Institute of the Federal Penitentiary Service of Russia, 14, Zhitnyaya St., Moscow, GSP-1,

Russia

Keywords: Criminal law, criminal legal means, crime, security, risks, problems, counteraction.

Abstract: The problems of combating crime have been and remain relevant, especially taking into account the fact that

the progressive development of a person, society, and the state is only possible in conditions of ensuring

security. The dynamism of the development of the modern world constantly creates new challenges and risks,

which requires the adoption of adequate response measures. The goal of the work is to consider the problems

that arise in the fight against crime, forming the course to eliminate them, both by changing the current

legislation and by adjusting the established approaches and methods. To achieve this goal, the author set tasks,

in particular to identify reasons of the ineffectiveness of certain criminal legal means of affecting crime and

mechanisms of implementation. Using a wide range of general scientific, private scientific and special

methods, this work analyzes statistical data, legal provisions, legal institutions, materials of theoretical and

empirical research. The use of a wide range of methods allowed us to focus on the problems caused by the

imperfection of legislative regulation, the lack (inefficiency) of criteria and indicators for evaluating activities,

potential and real risks that occur in the legal provisions (legal institutions), as well as those that arise in law

enforcement practice and lead to negative consequences, to investigate the causes and conditions of

occurrence, problems in the process of interaction and continuity. The results of the conducted research

allowed us to formulate a number of proposals from the point of view of complexity, consistency, and

coherence, to identify areas for improving legal regulation and organization of activities, in particular in terms

of understanding risks in law, the ability to correctly assess emerging situations and make decisions, which

should allow us to have a positive impact on the effectiveness of combating crime. In addition, the obtained

results will expand the knowledge of criminal law science, issues of authorities integration into the state and

society, will contribute to enhancing the quality of the criminal law and other instruments aimed at countering

crime.

1 INTRODUCTION

Combating crime involves systematic activities of

various state bodies aimed at ensuring compliance

with the rules of the criminal law. The task of

maintaining a stable level of law and order and

security in the country has been and remains one of

the priorities, since only in such conditions is the

positive development of a person, society, and the

state possible.

From the whole set of means of combating crime

for a long time, scientists and practitioners distinguish

criminal law as the main (basic) ones (Shargorodsky

M.D., 1945; Rarog A.I., 2013; Avdeev V.A., 2013).

It is difficult to disagree with this statement, since it

is obvious that the criminal law quality largely affects

https://orcid.org/0000-0002-9910-1260

the effectiveness of law enforcement activities, as a

result, the achievement of the expected positive

result.

Determining the relevance of the topic under

consideration, it seems appropriate to state the

following facts:

no state in the world, under any political regime,

or at any level of legal regulation, has managed to

defeat crime;

neither humanization nor repressive (punitive)

policies helped to defeat crime. In some cases and

countries, on the contrary, extreme measures lead to

opposite effects, causing risks of uncertainty,

ambiguity, different interpretations of the current

legislation, disregard for the principles of law,

violation of the rights and freedoms of some to

Antipov, A.

Criminal Law as the Main Means of Combating Crime.

DOI: 10.5220/0010633000003152

In Proceedings of the VII International Scientiﬁc-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” (CLOSA 2021), pages

169-175

ISBN: 978-989-758-532-6; ISSN: 2184-9854

169

"please" others (groups of people, views, positions,

etc.), and predetermine negative consequences in the

form of double standards. Loud statements about

democracy, about the prerogative of human rights and

freedoms obtain a different meaning by political and

economic goals, ambitions, which to a certain extent

discredits existing approaches and stereotypes,

undermines the foundations of society and the state,

and "justifies" the policy of interference in the

internal affairs of other countries. This can be

considered as a criminal activity.

Thus, criminality has firmly entered our lives, in

a certain sense, has become a reflection of its vices.

Criminality seems to be caused by the society itself,

by the state structure, and the person. Therefore, it is

reasonable to identify this as the initial object of

influence, considering all the others as derivatives.

The relevance of this topic is also due to the fact

that, despite the measures taken, permanent changes

and additions to the criminal legislation, it is still far

from perfect. The increasing social stratification of

the population, newly formed challenges, threats and

risks that require understanding, taking appropriate

response measures are refracted by internal factors

and world perception.

2 MATERIALS AND METHODS

To consider some of the problems that determine the

effectiveness (ineffectiveness ) of countering crime, a

large number of regulatory legal acts regulating

various spheres of activity were analyzed. Theoretical

and practical materials were considered, empirical

studies were conducted, and a wide range of general

scientific, private scientific, and special methods

were applied. Among the main methods, we denote:

the dialectical method, which was used to

consider facts, events and rules in their dynamic

development;

the comparative legal method, which was used to

see different approaches to the implementation of the

existing instruments of combating crime. The

comparative legal method was used to compare

normative legal acts, legal institutions, facts and

phenomena, which made it possible to understand and

evaluate the achieved (not achieved) results;

the systematic method which was used to consider

facts, phenomena, events, and activities in a single

system;

the structural method, which allowed us to

consider the structures inherent in the objects of

research, the issues of their interaction, to identify the

existing problems of continuity;

the comparative method, which was used to

compare statistical data and make conclusions about

the quantitative changes;

the method of hypothesis formulation. Given that

almost any scientific research is based on a certain set

of accumulated knowledge, this method allowed to

find confirmation or refutation of assumptions about

possible causes and promising directions, thereby

better understand the reasons and, finally, to outline

ways of improvement;

the method of analysis and synthesis that involves

the selection of individual components of objects,

their study, and the subsequent connection of the

results obtained for a more complete understanding

and prospective dissemination of the results obtained

to the entire object;

the historical method. Individual facts,

phenomena, activities state bodies, individual legal

institutions, and public organizations were considered

in their historical development;

the logical method. The research of the object was

carried out with the help of the laws of formal logic

and the search for their confirmation (refutation);

the formal-legal method. The research of the

object at the level of abstract legal concepts and

categories without taking into account the

interdependence of external and internal factors.

In addition, for a more objective understanding of

individual issues, other special research methods

were used.

3 RESULTS AND DISCUSSION

The analysis of the amendments and additions made

to the Criminal Code of the Russian Federation

(hereinafter referred to as the Code) allows us to note

that one of the significant reasons for its permanent

adjustment can be identified as the lack of

development of criminal policy. Accordingly, there is

inconsistency, haphazardness, lack of elaboration of

some of the adjustments made (Golik Yu.V.,

Korobeev A.I., 2014; Sergevnin V.A., Avdeev V.A.,

Avdeeva O.A., 2015). Only for the period from

February 2015 to February 2021, the Code was

updated by 91 federal laws, that is, on average,

changes and additions were made once a month,

some articles were subjected to such improvements

repeatedly. On the one hand, this may be perceived as

a reflection of the dynamic changes taking place in

the world and the country, on the other hand, such

instability of the Code may indicate other problems

existing in the internal and external environment,

attempts to solve them in this way.

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The current trend of such updating of the basic

criminal law does not contribute to stability,

understanding of the current criminogenic situation,

determines the formation of relevant problems in law

enforcement practice, and indicates the need to bring

law-making activities in a certain order from the point

of view of consistency, complexity, consistency,

timeliness, completeness and validity. This can also

be regarded to a certain extent as a result of

"development disease", taking into account the short

run of the Code. One can definitely assume that these

criminal-legal means and targeted legal

"adjustments" of the criminal legislation were

attempts to increase the effectiveness of its regulatory

impact, to achieve stability in society. It is obvious

that this allowed to influence the state of crime, partly

to prevent certain negative manifestations.

3.1 Comparative Legal Analysis of the

State of Crime in Russia

The analysis of statistical data provided by the

Judicial Department under the Supreme Court of the

Russian Federation shows a tendency to reduce the

number of convicted persons under sentences that

have entered into legal force. If in 2015 there were

734,581 such persons, in 2019 – 598,214 people (-

18.6%). By compositions,

particularly serious crimes: in 2015, 41,981

people were convicted, in 2019 – 31,831 people (-

24.2 %);

serious crimes: in 2015, 173,047 people were

convicted, in 2019 – 129,548 people (- 25.2 %);

crimes of moderate severity: in 2015, 177,047

people were convicted, in 2019 – 131,824 people (-

25.6 %);

minor crimes: in 2015, 342,506 people were

convicted, in 2019 – 305,011 people (- 11%).

These data allow us to state that current positive

trends are the result of the effective criminal law

enforcement and its quality.

3.2 Quality Problems of the Basic

Criminal Law

There are polar points of view on this issue. Some

scientists and practitioners state that there are no

serious problems in the Code; others state the

opposite (Golik Yu.V., Korobeev A.I., 2014); still

others propose new drafts of the criminal and penal

enforcement laws (Lopashenko N.A., 2016; Esakov

G.A., 2017; Seliverstov V.I., 2017; Lopashenko

N.A., Kobzeva E.V., Khutov K.M., Dolotov R.O.,

2017); the fourth, "tired" of numerous disputes at

scientific and representative events of various levels,

agree that there are problems, but suggest to let

everything remain unchanged as far as the problems

are already known and thus the practice of their

resolution has developed; the fifth, having joined the

convergence processes of Russian and foreign law

(Antipov A. N., 2015), are ready to implement even

something that should not be done under any

circumstances; the sixth point out (Zubkov A. I.,

2006) the need for a thoughtful (scientifically and

economically sound) approach, taking into account

the Russian mentality; the seventh do not practically

pay any attention to the existing shortcomings and

gaps in the Code.

Despite all the variety of approaches, positions

and opinions, it remains the fact that Russia has

managed to create a criminal law in a short period of

time that meets the requirements of social

development, to reorient itself as much as possible

(where possible) to other, alternative types of

criminal penalties, and to take certain steps towards

changing the existing penitentiary system and

improving it. All this has undoubtedly had and is

having a preventive and educational effect on persons

held in institutions of the penal correction system.

3.3 Risks as a Factor of Inefficiency of

Legal Regulation

Despite the positive results achieved, it is necessary

to focus on the existing problems, the challenges that

determine the direction of further development.

Initially, we will focus on the consideration of

risks and risk-forming factors present in the rules of

criminal law, penal enforcement law, the provisions

of the theory of operational search activity; we will

indicate their nature, sources of occurrence. In this

context, it is worth agreeing with W. Beck that our

society is gradually turning into "... a society of risks"

(Beck U., 1999). This is due to the processes of

globalization, attempts to proclaim "unrestrained

democracy" in a number of countries, in fact, a certain

mixture of democracy, totalitarianism,

authoritarianism, which fills it with risk-forming

content.

It is obvious that in a democracy, any law is a

compromise of opinions, views, positions. That is,

some risks are initially laid down in it (Antipov A. N.,

2018), which can later negatively manifest

themselves in law enforcement practice, in particular,

have a negative impact on the effectiveness of the

regulatory impact of the rules, both because of their

imperfections and problems in the implementation

mechanisms;

Criminal Law as the Main Means of Combating Crime

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form situations that lead to ambiguity and

uncertainty of interpretation and, accordingly, law

enforcement;

determine the imbalance of the principles of law

(in particular, justice (for example, in relation to the

criminal and the victim), proportionality, equality of

all before the law), in some cases they can "make" the

norm actually not working.

For example, an ambiguous situation has

developed in the understanding of the effectiveness of

achieving the goals of applying criminal penalties

(part 2 of Article 43 of the Code), the functioning of

the legal institution of conditional early release of

convicts. The lack of appropriate indicators of

assessing the achievement of the penalties goals,

firstly, leads to a lack of understanding of the current

situation, secondly, does not allow us to talk about

any positive or negative results, and thirdly, does not

contribute to identifying trends. Therefore, the

designated goals of the application of punishment are

perceived as certain rules-goals. In our opinion, as an

achievable goal, we can only talk about the isolation

of a particular person from society for a certain time,

with all the resulting legal restrictions, problems,

uncertainties and risks.

Article 52 of the Constitution of the Russian

Federation states: "The rights of victims of crimes and

abuses of power are protected by law. The state

provides victims with access to justice and

compensation for the damage caused." Considering

the mechanism of implementation of this article, in

terms of compensation for the damage caused, from

the position of the rule of Article 79 of the Code,

where, as one of the criteria for considering the issues

of conditional early release of convicts, it is stated "

... compensated for the damage (in whole or in part)

caused by the crime, in the amount determined by the

court decision ...", we conclude that the rule of the

Code narrows the constitutional provision and the

enshrined guarantees, in fact transferring the

determination of the amount of compensation for the

damage caused either to the discretion of the court, or

in the civil law relations of the parties.

It turns out that the state, having partially

implemented the principle of justice, through the

entry of a guilty verdict into legal force, is eliminated

from further work with the victim. It can be

concluded that in this case state provides more

preferences to the criminal than to the law-abiding

citizen. The reference to the fact that the former

convict will have more opportunities to pay off the

damage at liberty can hardly be considered as

reasonable, if only for the reason that in this case the

state should, at least:

to establish a certain period of repayment of the

damage caused (as it is done, for example, in

administrative offenses);

to identify the bodies responsible for this area of

work;

to enter this indicator in the control form;

to determine the order of actions in case of non-

performance.

But none of this was done. Citizens in this case

turned out to be not protected from criminal

encroachments (Frolova E.V., Medvedeva N.V.,

Senicheva L.V., Bondaletov V.V., 2015).

Thus, we can talk about the presence of a number

of problems, in particular:

failure to comply with the constitutional

guarantees in respect of the victim;

imbalance of rights and obligations of different

categories of persons, preference in relation to

offenders;

reduction in the motivation of convicts to make

amends (remorse, awareness of the harm caused), in

terms of compensation for the damage caused;

belittling the role of labor and legal education in

relation to convicts, which clearly does not contribute

to the formation of a positive legal consciousness,

does not contribute to the prevention of repeated

crimes.

3.4 Problems of Interpretation of

Statistical Data and the Quality of

Evaluation Criteria and Indicators

in the Context of Improving the

Effectiveness of Combating Crime

In the context of this problem, we draw attention to

the need to adjust the existing criteria (Efremova I.A.,

2018), for example, granting conditional early release

(Article 79 of the Code). Approximately 79% of the

experts surveyed in the framework of scientific

research on this issue spoke about the feasibility of

this. The prepared proposals turned out to be

unclaimed.

In this regard the US experience may be of big

interest as far as it conducts experiments for several

years (The Economist Newspaper Ltd Aug 20th 2016;

Collins J. M., Clark M. R., 2000) using certain

machine algorithms to predict the risks of further

illegal behavior of individuals (for example, when

released on bail, making decisions on various issues,

in particular, the use of the institute of parole). In

Russia, the possibilities of using artificial intelligence

in solving such issues are also being considered

(Stepanenko D.A., Bakhteev D.V., Evstratova Yu.F.,

2020).

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We note that the risks laid down at the stage of

law-making, acting as a kind of primary basis, may

later form other risks derived from themselves.

All work on combating crime should be based on

the totality of knowledge, especially the causes and

conditions of its generating skills and counteraction

skills. At the same time, in recent years, the situation

is not entirely clear in relation to criminology, the

science that deals with these issues. There is a weak

demand for specialists who prepare forecasts for the

short-term, medium-term and long-term prospects

with reasonable proposals and estimates of their

implementation. At the same time, it hardly requires

justification that understanding the causes and

conditions of committing crimes, among which the

main place is occupied by social and educational

blocks, increases the effectiveness of combating

crime (Varygin A.N., Chervonnykh E.V.,

Klementyev A.S., Pimenov P.A., 2019). The

consistency, complexity, and coherence of various

types of activities, including those carried out within

the framework of legal, labor, moral, and other

education, are a logical complement to the

understanding of the objects of influence. This may

initially reduce the number of individuals focused on

criminal activity.

As the second set of questions aimed at

understanding the situation and responding

appropriately to it, designate the effectiveness of the

evaluation criteria and indicators. Appealing

exclusively with quantitative data only gives an

understanding of whether it has become more or less,

but in no way better or worse, does not form a

qualitative component. On this basis, it is impractical

and not entirely professional to draw conclusions,

formulate proposals for correcting the current

legislation, improving organizational, technical,

methodological and other components. Some

indicators, as practice shows, can be considered only

relatively, for the reasons that some of the criminal

acts are in the sphere of latency (for example, mobile

fraud); some indicators depend on the allocated

funding and the current situation in the state (for

example, the implementation of the Federal Target

Program "Development of the Penal System for

2018-2026"); some indicators require logical

rethinking.

3.5 Continuity and Cooperation in the

Fight against Crime

As the next problem that affects the effectiveness of

combating crime, we will highlight the organization

of interaction and continuity in the activities of

federal authorities (the integration of authorities into

society and the state).

Any state body operates within the framework of

the designated competencies, solves the designated

range of tasks, while the problem still lies in the

organization of their interaction, ensuring continuity.

Indicators that reflect the interdepartmental state of

affairs should be present in the general system of

indicators and assessments of each state authority,

especially in the field of combating crime. Such

interdepartmental areas include issues of legal

education, labor education, prevention, avoidance of

illegal acts, maintenance of socially useful relations,

post-penitentiary socialization, and much more,

where specific individuals, public organizations, state

organizations and authorities are involved.

The ongoing processes in the aspect of combating

crime seem appropriate to perceive and consider as a

kind of synergistic complex. In the complex, as

components, it is proposed to take into account the

state of the standard of living in the country, and the

organization of education, and the conditions of

serving imprisonment, and the mentality of the

population, and the direction of the functioning of

legal institutions, and even the length of time during

which certain rules are applied, and much more. In

this case, it is possible to build a certain mathematical

model based on neural networks, which allows not

only to constantly improve it in real time, to obtain

results, evaluating and interpreting them, to form

appropriate management decisions, proposals for

improving legal regulation, improving various

organizational aspects.

3.6 Educational Impact and Its Role in

Combating Crime

It is obvious that the educational impact should be

exerted on a person from birth and continue in one

way or another until his death. Since the appearance

of signs of deviant behavior, it should increase. If,

after all, it was not possible to protect a person from

committing a crime, then during the serving of the

sentence, the intensity of the educational impact

should increase significantly and not stop after,

during the post-penitentiary socialization, until a

conclusion is made about the inexpediency of such an

impact. At the same time, it assumes consistency,

complexity and coherence, and should be

implemented by various state authorities and public

organizations in cooperation, ensuring continuity

within their competence. This determines the level of

integration of the authorities into the state and society.

In practice, there are still a number of problems in this

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area. For example, the issues of organizing the post-

penitentiary socialization of convicts have not been

resolved for more than ten years.

4 CONCLUSIONS

To sum up, it should be noted that there are

 undoubtedly problems in the education of law-

abiding citizens, due to various reasons of an

objective and subjective nature;

 undoubtedly, we can talk about different

possibilities and determine by this attitude to the

law;

 undoubtedly, much depends on the society in

which a person is born, on what is "put" in them

at the beginning of their life, but the final choice

is left to the person – the whole life consists of a

constant series of choices and they are not always

made correctly.

This is the task of the state and society to create such

conditions that it is unprofitable to commit crimes.

Until this happens, it is necessary to state that the

prison is a terrible invention of mankind, but nothing

better has been invented to replace it, so we have to

be content with what we have. All attempts to

criticize it, to improve the conditions of serving a

sentence, as practice shows, on the one hand, come

across an understanding of the need to undergo the

established negative consequences, in the form of

legal restrictions, for the committed criminal act. On

the other hand, they are determined by the economic

capabilities of the country, the political will, the

mentality of the country’s population, the interest

(potential and real) in the effectiveness of achieving

the goals of applying punishments, returning a law-

abiding citizen to society. Each state decides this in

its own way. Attempts to spread common standards

and rules are initially doomed to failure. They can

only be of a recommendation nature. Attempts to

impose a unified order can be considered as

interference in the internal affairs of a state and

should receive an appropriate assessment and

response.

Any steps taken in the area of combating crime,

including through criminal legal means, give a certain

result, but in the aggregate it is clearly not one that

would allow us to state that the country has made

every effort, and soon it will be possible to state that

crime is over. This is not possible in principle. The

social stratification of society, unemployment, and

the very psychology of man allow us to assert the

utopia of what has been said. Democracy and security

are in a certain way the antipode, therefore, crime has

been, is and will be. The only thing that the state and

society can do is to minimize crime both in

quantitative terms and in the amount of harmful

consequences that occur as a result of various

criminal acts.

According to the results of the conducted

research, it is possible to suggest the following

possible ways in this area:

 create not only a system of human rights

guarantees, but also effective mechanisms for

their implementation;

 review the current system of legal regulation in

the direction of law-abiding citizens, thereby

eliminating the existing imbalance;

 create motivational conditions for achieving the

goals of applying punishments, and so develop an

effective system of criteria and indicators for their

assessment;

 create conditions under which it will become

unprofitable to commit illegal acts;

 develop a system of measures aimed at reducing

the social stratification of society;

 to expand the role and importance of criminology

(Fadeev V.N., 2020) in the study of the conditions

and causes of crime;

 improve the intensity of impact measures.

The conclusions made in this paper can serve as a

basis for further research, as well as for taking

measures aimed at improving legal regulation, and

improving the organization of activities.

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