Determining the Definition of the General Part of the Criminal Code of the Russian Federation: Certain Challenges
Introduction: the article examines the legal nature of the General Part of the Criminal Code of the Russian Federation, its formation in the history of domestic criminal law, provides a conceptual and terminological analysis of this criminal and legal category. Materials and Methods: the general method of dialectical epistemology in the study of the legal nature of the institution of incitement, its reflection both in the norms of the General and Special parts of criminal legislation were the methodological basis of the article. Universal scientific research methods were used in the work, in particular, comparative and legal, systemic and structural, legal modeling, linguistic, and analysis were also used as a particular scientific method of cognition. Results: in order to derive the most optimal definition of the General Part of the Criminal Code of the Russian Federation, its origin has been determined and the content has been studied, which is proposed to be supplemented with some provisions, the specificity of which is that they arise not from the theory of criminal law, but from the current Russian legislation, in particular, investigation. The ratio of the General and Special parts of the Criminal Code of the Russian Federation in various periods of the development of criminal law is considered. Discussions and Conclusions: the study allowed us to develop the author’s definition of the General Part of the Criminal Code of the Russian Federation and justify the need for its amendments to further enhance it.