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Criminal Law Policy of Russia at the Present Stage

https://doi.org/10.17803/1729-5920.2026.232.3.009-016

Abstract

In the period 2022–2025 the development of criminal legislation was influenced by the geopolitical situation in the Russian Federation. This has led to the emergence of new compositions of criminal offences (for example, Articles 781 and 802 of the Criminal Code of the Russian Federation) and to amendments in fundamental provisions of criminal law (for example, Articles 48 and 35 of the Criminal Code of the Russian Federation). At the same time, a significant proportion of statutory provisions remains effectively non‑operational. Thus, in 2024 one‑fifth of the articles of the Special Part of the Criminal Code of the Russian Federation were not applied. This may indicate, not a preventive effect of criminal law, but rather the ineffectiveness and/or unreasonableness of the established norms. Law‑enforcement practice shows a tendency toward increasing judicial autonomy, which does not always adhere strictly to the letter of the law. Therefore, reforming certain institutions in the General Part of the Criminal Code of the Russian Federation is justified: in particular, there is a need to unify the grounds for criminal liability (with reference to examples in the Criminal Code of Belarus), to clarify the forms of guilt, and to specify provisions concerning the commission of crimes by multiple persons that involve subjects (perpetrators) who are not criminally liable. The study further notes that the expansion of grounds for exemption from liability has not led to a decrease in recidivism among persons convicted of offences of minor and medium severity. This reveals a substantial number of inapplicable penalties and thus casts doubt on the effectiveness of the system. The study emphasizes the importance of public awareness about the possibility of exemption from criminal liability.

About the Author

I. E. Zvecharovskiy
Kutafin Moscow State Law University (MSAL)
Russian Federation
Igor E. Zvecharovskiy, Dr. Sci. (Law), Professor, Head of the Department of Criminal LawMoscow


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For citations:


Zvecharovskiy I.E. Criminal Law Policy of Russia at the Present Stage. Lex Russica. 2026;79(3):9-16. (In Russ.) https://doi.org/10.17803/1729-5920.2026.232.3.009-016

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)