On the question of the return of criminal misdemeanor to Russian law
The relevance: over the past decades, the key problems of modern Russian criminal legislation have designated the liberalization of criminal liability, including the decriminalization of certain types of crimes, and the reduction of criminal sanctions for a number of illegal acts, the level of public danger of which is significantly lower than many crimes. The subject / topic: the return of criminal misconduct to Russian law is aimed at reducing the level of criminal repression, implementing the principle of fairness of criminal law, ensuring citizens’ access to justice, and establishing real crime indicators. The goals / tasks: to establish the place and role in modern Russian legislation of criminal acts, the level of public danger of which is lower than crimes; to formulate proposals for their legislative regulation. The statement of the problem: the provisions of modern Russian criminal legislation do not contribute to the implementation of state responsibility for criminal acts, the level of public danger of which is significantly lower than crimes. The research methods: the criminally-legal law is intended to act as a means of protecting human and civil rights and freedoms, property, and public order, including from criminal attacks, but it does not fully meet these requirements. The problem of the return of criminal misconduct was studied on the basis of the dialectical method of knowledge: in the development, taking into account the socio-criminological foundations of society, the problem of the correlation of law and a specific person. General scientific methods are also used: historical, statistical, system analysis, etc.; private scientific methods (formal-legal, logical-legal, historical-legal, etc.). The results and key conclusions: attribution to criminal offenses of a part of crimes of small gravity, transfer from the Code of the Russian Federation on administrative offenses of separate offenses to crimes, exclusion from the Criminal code of the Russian Federation of the concept of insignificance of an illegal act (CH. 2, article 14) aimed at achieving the goal of more accurate socio-legal assessment of illegal acts given the nature and extent of their public danger, and persons who committed it, and are intended to ensure the principle of inevitability of punishment for committed crimes, that will allow to statistically represent the crime in two major groups: criminal offences and other crimes.